What is a design defect?

A design defect is a flaw in the design of a product that makes it unreasonably dangerous to use. In South Dakota, a product with a design defect is considered to be a dangerous product, and the manufacturer of that product may be liable for any injury caused by the defect. Under South Dakota law, a product is deemed to have a design defect if it fails to meet the ordinary consumer’s expectations of safety. This means that the product cannot be dangerous in a way that the average consumer would not expect it to be. Additionally, the design defect must have been the proximate cause of the injury, meaning that the injury must be related to the defect in the design of the product. In South Dakota, a manufacturer may be held liable for any injury caused by a design defect that they failed to adequately warn users about or failed to fix in a reasonable amount of time. If the manufacturer is found liable, they may be required to compensate the injured party for any expenses resulting from the injury.

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What is a design defect?

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