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Design defects

Written by the Fiveable Content Team โ€ข Last updated September 2025
Written by the Fiveable Content Team โ€ข Last updated September 2025

Definition

Design defects refer to flaws in the intended design of a product that render it unsafe for use, even if the product is manufactured according to those specifications. This type of defect is critical in product liability cases, as it focuses on whether the design itself is inherently dangerous or impractical, regardless of how well the product is made.

5 Must Know Facts For Your Next Test

  1. Design defects can lead to strict liability claims, meaning that a manufacturer can be held liable even if they acted with reasonable care.
  2. A product can be deemed defectively designed if it is more dangerous than an ordinary consumer would expect.
  3. The 'risk-utility test' is often used in courts to determine whether a design defect exists by weighing the risks posed by the product against its utility.
  4. In some cases, alternative designs that could have been used to make the product safer must be considered when assessing design defects.
  5. The standards for proving design defects can vary by jurisdiction, affecting how cases are argued in court.

Review Questions

  • How do design defects differ from manufacturing defects, and why is this distinction important in legal cases?
    • Design defects focus on the inherent flaws in a product's design that make it unsafe, while manufacturing defects arise from errors during production that deviate from the intended design. This distinction is crucial because it affects how liability is assigned. In design defect cases, manufacturers can be held liable for issues existing before production begins, emphasizing the need for safe designs from the outset. Conversely, manufacturing defects hinge on specific production errors, which may not always imply overall design flaws.
  • Discuss the role of the risk-utility test in evaluating design defects and how it influences court decisions.
    • The risk-utility test evaluates whether a productโ€™s design is unreasonably dangerous by comparing the risks associated with it to its utility. Courts consider factors such as the likelihood of injury, potential severity of harm, and feasibility of alternative designs. If the risks outweigh the benefits or if a safer alternative was available but not utilized, courts are more likely to find a design defect. This test helps establish a standard for measuring safety and responsibility in product design.
  • Evaluate how different jurisdictions handle the burden of proof in design defect cases and its implications for manufacturers and consumers.
    • Different jurisdictions may impose varying burdens of proof on plaintiffs in design defect cases, affecting how easily consumers can succeed in their claims against manufacturers. In some areas, plaintiffs must prove that an alternative design was feasible and would have reduced risks significantly, while others may allow claims based solely on showing that the product was unreasonably dangerous as designed. These differences can lead to inconsistencies in legal outcomes and influence manufacturers' incentives to prioritize safety in their designs, thereby impacting overall consumer protection.

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