What is a “design defect” in defective products law?

In California defective products law, a “design defect” is when a product is unreasonably unsafe due to a flaw in the design of the product. This means that regardless of how the product was made or used, the design of the product is unsafe and thus a hazard to all users. Unlike manufacturing defects, which only affect a certain batch of products, design defects can affect all products of a certain make and model. Design defects often occur when a manufacturer fails to consider potential hazards or safety protocols while making a product. In many cases, a design defect arises when a manufacturer chooses to save money or take shortcuts during the designing process, thus creating a product with a design that was never intended to be safe. In some cases, design defects are less obvious because they involve complex engineering issues, such as the product’s ability to last a certain amount of time or to perform as expected. However, for a design defect to be valid and actionable in a court of law, plaintiffs must be able to prove that the manufacturer was aware of the design flaw and failed to take steps to remedy the flaw before the product was sold. This means that the manufacturer not only must have available a safer design, but also must have failed to use it. If the manufacturer has done everything possible to create a product with a safe design, then a design defect claim may not be valid.

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