What is a design defect?

A design defect is an inherent flaw in the design of a product that makes the product unreasonably dangerous for its intended use. It is different from a manufacturing defect, which is an error made during the production process that results in the creation of a dangerous product. In Washington, a product is deemed to have a design defect when any of the following criteria are met: 1.The product failed to perform as safely as an ordinary consumer would expect when used in an intended or reasonably foreseeable manner. 2.The design of the product presents a risk of harm that outweighs the benefit of such designs. 3.The benefits of the challenged design do not outweigh the risk of danger posed by the product. 4.The product fails to contain and adequate warning about the risks associated with the product’s use. If a product is found to have a design defect, the manufacturer may be held liable for any harm caused by the defective product. The Dangerous Products Law in Washington gives consumers the right to seek damages from a manufacturer or seller of a product that was defectively designed, even if the product was manufactured correctly. This is because a manufacturer is responsible for the safety of a product, regardless of how it is manufactured.

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What is a design defect?

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