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Do you have a design defect product liability case?

A product liability claim is appropriate when someone suffers an injury from a product, but it can be difficult to know why the injuries occurred. There are three different types of product liability cases: a defective manufacture, failure to provide adequate warnings and design defect. Here is a look at what constitutes a design defect product liability claim. 

As the name implies, in this type of a product liability case, there is a flaw in the design of the product. Examples of a design defect include: 

  • Toys which contain choking hazards
  • Structural problems that cause something such as a table to be unstable
  • Sunblock that does not protect the person from the sun
  • A product which is prone to melting or unduly flammable 

The product could have been perfectly manufactured, but the defect of the product was in the original design. Many products that have design defects resolve the issue through the use of a warning label, but not always. Manufacturers have a responsibility to adequately warn consumers about dangerous products. 

If a product caused injury, to bring a case against the manufacturer, you would have to demonstrate that the product was insufficiently designed and that the manufacturer could have developed an alternative design which would not be unfeasible to manufacture. It is not enough to simply show that the product had a defect in design. You must also show that the product was being used as the manufacturer intended it to be used. 

Any type of product liability case is very complex. Most likely, it will require the expert knowledge of a lawyer who understands product liability and has the resources to find experts to prove there was a design flaw. There may be many different responsible parties for making the product, which can make it difficult to know who is actually liable. When you talk to an attorney about your situation, he or she may evaluate your case for the appropriate legal remedy.


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