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

A product liability claim due to a design defect arises when the product was unsafe due to a design flaw. This is different than a manufacturing defect, which arises when the product was designed appropriately, but an error happened during production. In Virginia, a claim for design defect can be based upon the negligence of the manufacturer, supplier, or seller, breach of warranty, or strict liability. To prove a claim for design defect negligence, the plaintiff must show that the manufacturer failed to act as a reasonable person would in designing the product, and that this failure was the cause of the injury. To prove a breach of warranty of a product due to design defect in Virginia, the plaintiff must show that the product was not fit for its intended purpose, could not be used as it was intended to be used, and that the defect was the cause of the injury. The third type of product liability claim based on design defect is the theory of strict liability. This theory states that the manufacturer is liable for injuries caused by the product regardless of any negligence or fault. To prove a strict liability claim, the plaintiff must show that the design of the product was not expected to cause the injury and that the product was unsafe for its intended use. Ultimately, a claim for product liability due to design defect arises when a product is considered to be unsafe due to a flaw in its design, or due to the manufacturer’s failure to act as a reasonable person would have in designing the product. Hopefully, this overview of Virginia product liability law has been helpful in understanding how such a claim may arise.

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

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