How does a plaintiff prove that a product was defectively designed?

In Texas, a plaintiff must show that a product was defectively designed in order to prove that they have been injured by a product. To do so, a plaintiff must show that the defect was the actual and proximate cause of the injury. Generally, the plaintiff must demonstrate that the product was not reasonably safe. In order to prove that a product was defectively designed, courts will consider whether a reasonable alternative design could have prevented the harm. To do this, a plaintiff will likely have to produce expert testimony to demonstrate the feasibility of the alternative design. The plaintiff must also show that the defendant was aware of the risks of the product’s design, and that the design was unreasonably dangerous and not fit for its intended purpose. The plaintiff should consider any warnings or instructions given to the user of the product, and should demonstrate that the product could not have been made safer without impairing its usefulness. The plaintiff will also have to prove that the product was used in a manner consistent with the manufacturer’s instructions. Finally, the plaintiff must show that the defect existed at the time that the product left the manufacturer’s control. If any of these elements is not established, the plaintiff’s case could be rejected by the court.

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How does a plaintiff prove that a product was defectively designed?

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