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)
For instance, if a car catches on fire when being driven at a low rate of speed. A court may find that the product is unreasonably dangerous as cars should not be catching on fire at low rates of speed. Now let’s take that same example of a car. However, this time the car catches on fire after hitting something or being hit by another vehicle. A court may find that a vehicle hitting another object or being hit by another object is foreseeable and therefore a design defect exists if the car manufacturer does not use alternative design options available to limit the injury a passenger might face. Further most automotive engineers concur that a car’s occupant should not suffer personal injuries from a fire if the crash is an otherwise survivable one.
Other design defects can be found in brakes, tires, roof stability, car seats, seat belts and more. Design defects are often the cause of serous injury. If you or a loved one has been hurt due to a product defect or because of the negligence of someone else contact the Law Office of D. Hardison Wood today at 919.233.0520. We want to discuss your potential legal claim with you.
