What is a design defect?

A design defect is a fault in the design of a product that makes it dangerous. It occurs when a product is either not designed in a safe way, or is designed with an inherent flaw that makes it dangerous when used as intended. In South Carolina, the law states that a manufacturer or seller of a product can be held liable for injuries that are caused by a design defect. This means that regardless of whether the product was made according to the manufacturer’s specifications, if the design is defective and leads to injury, the manufacturer or seller can be held liable. In order to prove liability due to a design defect, a plaintiff must be able to prove that the product was not fit for its intended use, that an alternative design should have been used, and that the defect was the proximate cause of the injury suffered by the plaintiff. The South Carolina Supreme Court has stated that a product is defective in design when it is “not reasonably safe for its intended use” and “the hazard posed by the product could have been reduced or avoided by the adoption of a reasonable alternative design”. Design defects are one of the most common causes of product liability. The laws in South Carolina are designed to protect consumers by making sure that manufacturers and sellers of dangerous products are held responsible for any injuries or damages caused by their products.

Related FAQs

What is a “risk-utility” defense to a product liability claim?
What should I do if I am injured by a defective product?
What is a statutory defense?
What is a disclaimer defense?
What is the Magnuson-Moss Warranty Act?
What actions can I take if I am injured by a defective product?
What is an “open and obvious danger” defense to a product liability claim?
What kinds of injuries can occur due to a defective product?
What is a “statute of repose” defense to a product liability claim?
What is the liability of a seller or distributor of a product?

What is a design defect?

Related FAQs

Related Blog Posts