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Simple English definitions for legal terms
design defect
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A quick definition of design defect:
A design defect is when a product is made in a way that makes it dangerous to use, even if it was made correctly. This can happen when the way the product was designed is flawed, like if a car has a problem with how it was built that makes it unsafe to drive. If someone gets hurt because of a design defect, they can sue the company that made the product. To prove there was a design defect, the person suing has to show that there was a better way to design the product that would have been just as good, but safer.
A more thorough explanation:
A design defect is a flaw in the design of a product that makes it dangerous to use. This means that the product was made correctly, but the design itself is the problem. For example, a car may have a design defect if the brakes fail to work properly, even if they were manufactured correctly.
Design defects are often the basis for lawsuits when someone is injured as a result of the defect. In order to prove a design defect, the plaintiff must show that there is a hypothetical alternative design that would be safer, economically feasible, and practical while still serving the primary purpose of the original design.
Other examples of design defects include:
- A ladder that is designed with weak rungs that can break easily
- A toy that is designed with small parts that can be easily swallowed by children
- A medication that is designed with a dosage that is too high and can cause harmful side effects
These examples illustrate how a design defect can make a product dangerous and potentially harmful to consumers. In each case, the product was made correctly, but the design itself was flawed and posed a risk to those who used it.