Product Design Defect Lawsuits
Defective products that cause injuries to consumers fall into two categories, manufacturing and design. Manufacturing defects are problems caused in the making of the product, not a problem with the product itself. Product design defects are poorly designed products, not a mistake in manufacturing. When a design defect causes a serious injury to a consumer, the company who designed the product may be liable for any injuries that occur.
Design defects are flaws that can cause harm. While many products have elements that could cause an injury, such as a knife having a sharp blade that could cut the skin, that does not necessarily make them defective in design. Design defects are components that create an unreasonable risk for harm, considering how the product is used. An appliance that is used for cooking that shatters or explodes when it gets hot is an example of a defective design. The appliance can pose harm when it is used as intended.
Proving Design Defect in a Personal Injury Lawsuit
There are a few elements that must be proven in a personal injury lawsuit involving a product design defect. First, it must be proven that the product was defectively designed. The outcome that caused the injury must be able to be reproduced for it to be a design flaw (if it was a one-time occurrence, it may be a manufacturing defect). Secondly, the person using the product must have been using it correctly and how it was intended to be used. Lastly, there must be evidence that an injury occurred, and it was caused by the defect in the design of the product. When all these pieces are in place, it may be possible to compile a successful product design defect lawsuit to obtain compensation from the design company for the plaintiff.
If you have been seriously injured from what you believe was a product design defect, contact our experienced legal team at Conley Griggs Partin LLP. We can discuss your claim and advise you on whether a personal injury lawsuit could be a wise choice for your situation. If you and our team decide to move forward with a design defect lawsuit, you will not need to pay any up front legal fees for your case.