Defective products are divided into three categories of defect: design defect, manufacturing defect, and marketing defect. Design defects are defects in the product that are inherent in its creation.
Unlike manufacturing defects, which are caused during the construction of the product, design defects occur when there are flaws in each product. Design defects are essentially fundamental errors in the product that would occur even if the product were manufactured perfectly.
Since design defects are inherent in the design of the product, if you are seriously injured by a poorly designed product, you may be able to recover compensation from any party in the manufacturing chain, including the manufacturer, distributor, or the seller of the product.
Defective Design Litigation
Design defect claims are often handled differently than other product liability claims. For many product liability claims, the manufacturer is held strictly responsible, regardless of negligence. This means that the manufacturer of the product is liable for your injuries simply because they provided you with a product that caused an injury.
Design defect claims can be much more difficult because they can show that the manufacturer’s negligence caused the defect, which then caused your injury. Negligence can be difficult to prove, because you must show that your injuries are the result of the careless actions or inactions of the manufacturer.
Depending on the state and court you file your claim in, there are different tests that determine if a product has a design defect and how you should handle your claim. A product may be considered to have a design defect if it is unreasonably dangerous as designed, or if it is unsafe for its intended use.
These different tests and definitions of what a design defect is, makes design defect claims very difficult to handle. For instance, if you bring a design defect claim to court, your claim must show that the design of the product causes it to be unsafe or dangerous.
An experienced defective product lawyer will be able to show that the defective product caused your injuries. Your design defect lawyer will also show that the manufacturer of the product is liable for your injuries because they provided you with the dangerous or unsafe product.
If a defective product has injured you, contact an experienced lawyer for free today. Philip R. Brown will help you determine if the defective product has a design defect, a manufacturing defect, or a marketing defect, and he will help you recover the compensation you deserve. Our Honolulu, Hawaii law office can be reached online or by phone at (808) 523-5900.