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

In North Carolina, a “design defect” is a flaw or issue with the way a product was designed or constructed that makes it unreasonably dangerous or hazardous. It is distinct from a manufacturing defect, which is an error or deviation that occurred during the manufacturing process or assembly. In terms of defective products liability, a design defect refers to a flaw in the design of a product before it is manufactured or assembled, such that it is inherently dangerous when used as intended. It is the responsibility of the designer or manufacturer to anticipate any potential danger and to design products that are safe for use. A design defect can cause harm to individuals who use the product as intended, even when it was adequately manufactured. Design defects can take many forms, such as inadequate warnings or instructions, inadequate performance due to a design flaw, or insufficient materials or components. A design defect often results in a product that is difficult to use, and may even prove dangerous to users. In North Carolina, a design defect claim can be brought against a designer or manufacturer, and may require proof that the defect existed in the design of the product at the time of manufacture, and that it caused harm or injury to the user. Additionally, the plaintiff must also show that the product could not have been made safe with a different design. Liability can be extended to both the designer and manufacturer if it is proven that they failed to exercise reasonable care in designing and manufacturing a safe product.

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

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