Products Liability: Design Defects
There are instances when an individual can be injured because of a defect in a product. The defect may be because of the design or due to a malfunction. A design defect normally leads to a full scale problem with all or most of the products experiencing defects.
A design defect exists because the product was manufactured through a defective blueprint when creating the item. “The design may have certain flaws for the instructed use in building an object or in piecing it together. The defective design makes the item inherently dangerous for use, useless or a risk to the well-being of the customer.” Even with top of the range materials within the product, a defective design could harm the person that bought it.
What Constitutes Design Defects
A product used for its instructed use is defective if you are injured because of a design defect. The defect in the design can be because of a flaw in the whole or part of the product. For example, a cellphone battery that heats up the entire phone when too many applications are open at the same time. Injury may result from burns.
Where there is a defect in the design the entire product created could have the same defective issue. It is easy to recall a batch but with a design defect you could end up recalling every item sold with that design.
If you are injured because of a design defect in a product you may be eligible for compensation through products liability. The company that designed the product and the manufacturer may be responsible for the damage and injury caused to consumers. This could also lead to multiple personal injury claims.
For legal representation and advice on products liability claims speak to our products liability attorneys.