A design defect is a common basis for a products liability claim, where a consumer has suffered injury as a result of using a particular product. A product with a design defect is flawed from the moment it is created; essentially, the product is designed in such a way that it is inherently unsafe for consumers in some manner, or creates an unnecessary risk of harm to the consumer. One of the keys to a products liability claim based on a design defect is that the consumer used the product only as it was intended, or in a manner that was reasonably foreseeable by the manufacturers of the product. In other words, the consumer must have been using the product in a routine manner when the injuries occurred as a result of its usage. The exact legal standard for proving the existence of a design defect varies from state to state, but generally, a consumer must show that the product design was unreasonably dangerous and/or that the manufacturer was negligent in designing the product in the manner in which it was designed.

Fast Facts

  • On December 16, 2005, the Consumer Product Safety Commission recalled 22,000 Dell Notebook computer batteries, due to their risk of overheating and causing fires.
  • Gas water heater fires result in approximately 800 residential fires each year.

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  • Product Design Defect

    A product imperfection occurring when the seller or distributor could have reduced or avoided a foreseeable ri...
    • Site: productliabilitylawyer.com
  • Car Accidents from Road Defects and Hazards

    Everyone has a responsibility to maintain the property they own or manage for the safety of others, even the g...
    • Site: personalinjurylawyer.com
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  • Honda Recalls

      Toyota’s not the only Japanese car company dealing with safety-related automotive recalls. Honda has somewha...
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  • Graco Highchair Recall

      Graco Children’s Products Inc. has issued a recall for its popular HarmonyTM High Chairs. The recall was pro...
    • Site: productliabilitylawyer.com
  • Construction Defects and the Law

      Construction defects can cause your home to be worth less in value. The defects may not even be discovered b...
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