Design Defect
What really do we mean by design defect? A design defect is an inherent problem with a product’s design that makes it dangerous regardless of its manufacturing quality. A design defect generally exists according to the courts, if either the product is unreasonably dangerous the way it is designed or if the product is not safe for its intended use or its foreseeable uses.
In the law of products liability, a design defect exists when a defect is inherent in the design of the product itself. In a products liability case, a plaintiff can only establish a design defect exists when he proves there is hypothetical alternative design that would be safer that the original design, as economically feasible as the original design, and as practical as the original design, retaining the primary purpose behind the original design despite the changes made. (Cornell Law)
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