What is a “design defect” in defective products law?
A design defect is an element of the product that directly results in it being unsafe or hazardous to use. In Florida defective products law, a design defect occurs when the product is designed in such a way that it is inherently dangerous to consumers, even when manufactured and used as intended. It can be the result of a flaw in the product’s design, or even a missing part. Design defects are divided into two categories: a manufacturing design defect and an inexpedient design defect. A manufacturing design defect occurs when the product is not manufactured according to the product’s specifications or intended design. This kind of defect usually occurs when the wrong material is used, or when there is a flaw in the construction or assembly of the product. In this instance, even if the product is used as intended, it can still be considered defective and result in an accident. An inexpedient design defect is when the specific design of the product, even when constructed correctly, is hazardous to consumers. This could include a product having a sharp edge, an inadequate guard, or a missing safety feature. In these cases, the consumer can still be protected under defective products law, as the product was inherently dangerous by design.
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