How does a product liability claim arise due to a design defect?

A product liability claim can arise due to a design defect when a product has a flaw or an issue with how it was designed that causes harm to someone who uses it. In Florida, a product must have been used in the way it was intended to be used and it must have been reasonably foreseeable that the defect could cause harm. When a product is designed, manufacturers usually go through a process of testing and risk assessment to make sure their product meets safety standards. If the product does not meet the expected safety standards, then it can be considered to have a design defect. This can be due to a flaw in the product’s design, manufacturing, or instructions for usage. The person who has been injured by the design defect can file a product liability claim in order to hold the manufacturer accountable for the harm that has been caused. In these cases, the manufacturer can be held liable for injuries and damages caused by the defective product, even if they were not negligent in any way. The product must have been used as it was intended to be and it must have been reasonably foreseeable that the defect could cause harm. If it is found that the defect was present when the product was manufactured, or that the manufacturer knew about the defect but failed to address it, then the manufacturer can be held liable.

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