Proving a Design Defect

Design defects often cause harm through instructed use of the item the public purchases, and it is in these claims against the manufacturer or designer that it is crucial to prove that the matter involves a defect in the design process. Product liability cases that include design defects are difficult to prove against a team of lawyers, but there are often certain factors that will play a critical role.

Proving design defects may require the services of an expert witness that has a background in product manufacturing and designing of items. The plaintiff harmed through the standard or instructed use of the item will generally need a lawyer for the product liability or personal injury case to present evidence and interview witnesses. Through the legal team working to reveal the design defect, the victim may hold the defendant liable and acquire compensation when the judge or jury panel determines that the plaintiff’s case has sufficient evidence proving the defect exists.

A Design Defect Explained

A defect exists when the standard and instructed use of the product leads to property damage, personal injury to the customer or both. The foreseeable risks of the item may not possess injury or damage caused through the intended use as explained by the manufacturer or design creator. The plaintiff harmed through the instructed use usually must prove that risks of harm are avoidable or reduced through a reasonable alternative to the original design from the creator or manufacturer. The developer or manufacturing plant must have the capability of creating or producing the product of an alternative design.


The Alternative Design

For proving a case in product liability and injury to the victim, the alternative design with similar use is important. Some may require different width or length in items with moving parts to prevent injury from blades or rotating devices. The design under question has a defect when the risk of harm is greater than a slightly different design that could mitigate these dangers. The foreseeable threat to a customer is another factor the case will consider. The more foresight into the matter and reducing possible risks of health and well-being, the less strength the plaintiff’s case will have before a judge or jury.

The Costs of Alternate Designs

The court will need to determine the estimated costs for creating and using similar parts, resources, materials and designs in the product. Economic feasibility is necessary for these matters. By comparing the expenses of a customer facing medical bills for injuries from the item, multiplying this by the number of customers harmed and looking at the alternative design costs, the court may determine if the matter is reasonable. Changes in a product already created and sold are often more expensive than either a recall or a warning to consumers. An expert may need to help with the calculations and explaining the economic matters.

Negligence in Defect of Design

The victim may have a possible claim of negligence when the design creator knew that a defect existed but progressed through manufacturing anyway. In this type of claim, the manufacturer or designer would have known that the product could injure others or that a risk existed that could lead to the potential for harm through the standard use of the product. One of the important factors in these claims is the possible way to make the item safer through design before seeking to sell it after manufacture. If this was possible, negligence may hold as valid in the case.

Strict Liability in Defective Design

When the manufacturer or designer knew that the product was defective when creating it, strict liability could arise in the claim. This claim is stronger when the manufacturer or design creator is aware of the unreasonable danger of the product in stores through standard use or did not provide a warning label about the potential risk of injury. Dangerous products that could harm the public still must create the item with care and caution. The plaintiff would often need to express the risks that the threat of injury is greater than the benefits of the sale. This could strengthen the argument.

Design Defect Civil Litigation

When the victim requires the services of a legal professional to pursue a claim against the designer or manufacturer, he or she will need to hire a lawyer. This legal representative will protect the rights of the victim and seek to acquire damages owed to him or her through a presenting the evidence and witness statements.