What is a “design defect” in defective products law?
In Arkansas, “design defect” refers to a defect in the product resulting from the way the product was designed, as opposed to the way it was made. This type of defect can be caused by a combination of factors, from a problem with the initial concept of the product to an error in the manufacturing process. In order to successfully prove a design defect in Arkansas defective products law, the plaintiff must demonstrate that the design of the product was not what a reasonable person would expect, and that the design was a contributing factor to any injury or damage they experienced. The plaintiff must also demonstrate that the product was sold without any modification to the design, and that a reasonable person would have expected that kind of product to behave in a certain way. Moreover, the plaintiff must show that a safer design could have been used, that is, the product could have been designed using different materials or with a different shape or size. They must also show that the manufacturer had a duty to use a safer design, and that they did not take reasonable care to protect the consumer. In short, a design defect in Arkansas defective products law occurs when a product was not designed in a way that a reasonable person would expect it to be, and has caused harm to the consumer. The plaintiff must demonstrate that the product was sold without any modifications to the design, that a safer design could have been used, and that the manufacturer had a duty to use safer design.
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