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

A product liability claim due to a design defect arises when the design of a product is found to be the cause of any injury or damage that a consumer experiences. Design defects are inherent flaws in the product’s design, meaning that the product is unsafe due to a flaw in the design regardless of whether it was properly manufactured. In New Hampshire, a product liability claim due to a design defect can be brought against a manufacturer if the product unexpectedly and unreasonably caused an injury or damage. A product may be considered to have a design defect if it is not safe for its intended purpose, fails to perform as reasonably expected, or fails to meet safety standards. When bringing a product liability claim due to a design defect, the plaintiff must prove that the design defect was the cause of the injury or damage. To do this, the plaintiff must show that the product was designed in a way that is not safe for its intended purpose, that the design flaw was foreseeable, and that an alternative design may have better protected the consumer from the injury or damage. The plaintiff must also show that the manufacturer’s negligence in designing the product led to the injury or damage. If the plaintiff is successful, then the manufacturer may be found liable for any resulting damages.

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

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