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

A “design defect” in defective products law is when a product’s design or structure can result in a risk of harm, regardless of whether it was constructed correctly. This type of defect involves a flaw in the product’s design or its plans, rather than in its manufacture or assembly. In New York, product liability is governed by the laws of the state, which establish strict requirements for manufacturers and other sellers of products. Under New York’s laws, a product is considered to be defective in design if the harm or risk the product poses could have been avoided by the adoption of a reasonable alternative design. If a product has a defect in its design, it can be held to be defective even if all of the instructions and safety warnings were followed. In order to prove that a product is defective due to a design defect, the plaintiff must prove that an alternative design was available at the time the product was created that would have made the product safer. The plaintiff must also show that the alternative design was technically and economically feasible and that the defendant unreasonably failed to adopt the design. If these facts are shown, the defendant may be held liable for any damages that result from the product’s design defect. Under New York’s laws, products that are approved by the FDA or other government agency are presumed to be safe and manufacturers are held to a higher standard for design defects. As a result, it is important to prove that a product was defectively designed in order to receive compensation for any damages caused by its use.

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

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