What are the elements of a design defect claim?

A design defect claim in North Carolina involves proving that the product caused injury because of its design. For a successful claim, the injured party must show four elements: duty, breach, causation, and damages. First, an injured party must be able to establish that the manufacturer or designer had a “duty of care” to the consumer. This means they had a legal obligation to produce a product that would not cause injury due to a design defect. Second, the injured party must prove that the manufacturer or designer had a “breach of duty” by failing to fulfill their obligation to provide a product that was not unreasonably dangerous. This includes showing that the product did not meet the design standards that would have been applied by an ordinary user or consumer. Third, the injured party must be able to demonstrate that the design defect “caused” their injury or damages. This includes proving the product was defective when it left the manufacturer’s hands, and that it caused the injury as a result of the defect. Finally, the injured party must be able to show that they suffered “damages.” This means proof of the economic and/or non-economic losses they incurred due to the design defect, such as medical expenses, lost wages, and pain and suffering. In North Carolina, an injured party must prove all four elements of a design defect claim in order to be successful. They must be able to show that the product’s design was defective, that it caused their injury, and that they suffered damages due to the defect.

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What are the elements of a design defect claim?

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