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

A “design defect” in defective products law is a flaw in the design of a product that causes it to be unreasonably dangerous. Such a defect may be caused by faulty plans or drawings, inadequate testing, or a lack of adequate instructions or warnings. Essentially, a design defect renders a product’s design inadequate or incomplete in a way that affects its safety. Even though the product may have been constructed properly and accurately following the design, it is still considered ‘defective’. The manufacturer can therefore be held liable for any injuries or damages caused by the product, regardless of how they were caused. In Washington, design defects are subject to a strict liability standard. This means that the plaintiff does not need to show that the manufacturer was negligent or acted in bad faith for the purposes of bringing a claim. Instead, the plaintiff needs to prove that the product was defective and that the defect caused their injury. In addition, Washington courts have established several criteria for determining whether a product has a design defect. Generally, courts ask if the product was more dangerous than an ordinary consumer would have expected and if a reasonable alternative design would have prevented the harm. Ultimately, the court will ask whether the risk the product posed was greater than expected, taking into account the cost of an alternative design.

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

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