What is a design defect?

A design defect is a type of defect that exists in the product from the outset because of an inherent flaw in the product's design. This flaw makes the product inherently dangerous or unsafe, even if it is manufactured and used as intended. In other words, a design defect is a problem with the way the product was designed, rather than how it was made or used. Design defects can exist in a wide range of products, including consumer products, medical devices, and vehicles. Examples of design defects may include:

1. Medical devices with defective design: Medical devices such as pacemakers, artificial joints, or implants can have design defects that make them inherently unsafe. For example, an artificial hip joint with a defective design may fail prematurely or cause metal poisoning due to metal shavings. 2. Sporting equipment with defective design: Sporting equipment such as helmets, protective gear, or skis can have design defects that make them unsafe. For example, a bicycle helmet with a defective design may not provide adequate protection against head injuries in a crash. 3. Toys with defective design: Toys can have design defects that make them dangerous, especially for children. For example, a toy with small parts that are easily detachable can pose a choking hazard for young children. 4. Building materials with defective design: Building materials such as roofing materials, insulation, or flooring can have design defects that make them unsafe. For example, asbestos-containing insulation was widely used in buildings for many years, even though it was known to cause cancer and other illnesses. 5. Chemical products with defective design: Chemical products such as cleaning products, pesticides, or industrial chemicals can have design defects that make them dangerous. For example, a pesticide with a defective design may not break down as intended and may cause harm to the environment and human health. These are just a few examples of the wide range of products that can have design defects. It's important to note that the existence of a design defect alone may not be enough to establish liability in a product liability case. The plaintiff must prove that the design defect caused their injury or harm and that a safer design was feasible at the time the product was designed. A product with a design defect can be dangerous or unsafe, even if it is used as intended and in a responsible manner. The defect may not be apparent to the consumer and may only become apparent after an injury or harm has occurred. For instance, a car with a design defect that makes it unstable at high speeds may appear to be functioning correctly until a high-speed accident occurs. In product liability cases involving design defects, the plaintiff must prove that the product's design was unreasonably dangerous and that a safer design was feasible at the time the product was designed. Additionally, the plaintiff must demonstrate that the design defect caused their injury or harm. If a product's design defect caused injury or harm to a consumer, the manufacturer or designer may be held liable for the damages. Design defect cases can be complex, and it is important to consult with an experienced attorney who can help determine the legal options available to an injured party.