What is a “design defect” in defective products law?
A “design defect” is an issue with a product’s design or construction that makes it unreasonably dangerous to consumers even when it is manufactured and sold as intended. In Georgia, if a product contains a design defect, the manufacturer may be held legally responsible for any harm it causes its users or bystanders, regardless of how the product was manufactured or handled after it was purchased. Design defects can be difficult to prove, as they require evidence that the product was designed or constructed in such a way that made it inherently dangerous. Consequently, courts often look at whether the product is more dangerous than what consumers would think is reasonably safe. This means that a plaintiff must show that the product was created in a manner that posed a risk of harm that is greater than would be expected by someone who is using the product in the usual way. Manufacturers also have the responsibility of taking reasonable steps to ensure that their products are safe to use. This includes having a sufficiently thorough understanding of the potential risks associated with the product, as well as using proper materials and resources in the manufacturing process. In Georgia, if a manufacturer fails to meet these responsibilities, they may be held liable for any injuries or damages caused by a design defect.
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