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What is a defect in design?

A defect in the design of a product can result in serious injuries. Cases involving design issues are typically focused on a manufacturer's decisions when creating a product. For example, if a manufacturer knows there is a flaw in a vehicle but does not take steps to recall it, then the design's defect could put someone at risk of serious injuries or death.

If you are hurt because of a defect in design, there are a few things you'll have to do to seek out compensation. First, you will need to show that the manufacturer needed to use a reasonable alternative design and that the manufacturer could have done so. For example, if the floor mat of a car catches on the accelerator and causes it to get stuck, the floor mats could easily be changed to prevent the problem.

You must also show that the changes would have been economically feasible for the manufacturer. In the above example, there would be few financial consequences to changing the mats of a vehicle.

Finally, you should show that the changes the company could have made wouldn't be in opposition of the product's purpose. For instance, if putting a brace on a door would prevent it from slamming too quickly but also hinder it from closing completely, that would defeat the purpose of the design.

Defects in design come in many forms. If you believe a product you've purchased and been injured from has an innate design flaw, your attorney can help you begin to build a case. With good evidence, you can support your claim and win the compensation you deserve.

Source: FindLaw, "Defects in Design," accessed May 26, 2017

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