Design defects are one of the most common legal bases for product liability claims. A product is deemed to have a design defect if it injures someone not as a result of a defect in its manufacture or failure to warn, but due to the fact that the design itself is dangerous or defective. Such defects are potentially very dangerous to consumers, causing injury, financial loss, and even death in extreme situations.
This piece delves into what design defects are, how they are distinct from other categories of product liability claims, actual examples, how liability is ascertained, and what remedies under the law are available to victims.
What Is a Design Defect?
A design defect exists when a product is manufactured correctly and used as intended, but its design is inherently unsafe. In other words, the problem lies not in how the product was assembled or constructed, but in how it was conceptualized.
For a product to be considered defectively designed, it must pose a foreseeable risk to consumers when used in a reasonably foreseeable way, and there must be an alternative design that is safer and economically feasible.
Common Characteristics of Design Defects
- The product’s entire line or model is dangerous by design.
- The risk of harm was foreseeable during the design phase.
- A safer, alternative design could have prevented the harm.
- The product performs as intended, but still causes injury.
Examples of Design Defects
Design defects can appear in virtually any category of consumer goods or industrial equipment. Here are a few real-world examples:
- Automobiles: SUVs with a high center of gravity prone to rollover accidents.
- Toys: Toys with small detachable parts that pose choking hazards to young children.
- Appliances: A microwave that sparks or catches fire under normal use.
- Medical Devices: A hip implant design that causes metal particles to leach into the bloodstream.
Tools: A power drill with a trigger too sensitive, leading to unintentional activation.
Design Defects vs. Manufacturing Defects vs. Marketing Defects
To fully understand the scope of design defect claims, it’s essential to distinguish them from the two other primary types of product liability claims:
Manufacturing Defects
- Nature: Flaws that occur during the production process.
- Scope: Affect a limited number of units rather than the entire product line.
Example: A bicycle with a broken chain due to poor assembly.
Marketing Defects (Failure to Warn)
- Nature: Inadequate warnings or instructions that result in misuse.
- Scope: Often affect the entire line if proper warnings weren’t included.
Example: A medication without proper warning about potential side effects.
Design Defects
- Nature: Inherent issues in the product’s blueprint or design.
- Scope: Impact every unit of the product made according to that design.
Example: A children’s crib with bars spaced too far apart, leading to strangulation risks.
Legal Standards for Proving a Design Defect
Courts apply different tests to determine whether a product’s design is defective. The legal standard may vary by state, but the two most commonly used are the Risk-Utility Test and the Consumer Expectation Test.
Risk-Utility Test
This test weighs the risks of the product’s design against its benefits. If a safer alternative design was available and practical, and the failure to adopt that design caused injury, the product may be deemed defective.
Courts consider:
- Gravity of the potential harm
- Likelihood of that harm occurring
- Feasibility of an alternative design
- Cost of the alternative design
- Impact on the product’s functionality
Consumer Expectation Test
Under this test, a product is considered defectively designed if it is more dangerous than a reasonable consumer would expect when used as intended.
This test is more commonly applied to consumer products that laypeople can evaluate without expert testimony.
How Plaintiffs Prove a Design Defect
To succeed in a design defect claim, the plaintiff generally must prove:
- The product was used in a reasonably foreseeable way.
- The product had a design defect that made it unreasonably dangerous.
- The defect was the direct cause of the injury.
- A feasible alternative design existed.
Evidence may include:
- Expert testimony
- Product blueprints or schematics
- Injury reports or accident reconstructions
- Internal communications from the manufacturer
- Similar incidents or product recalls
Defenses in Design Defect Casess (ELDs)
Manufacturers and designers have several possible defenses they can raise to refute liability in design defect cases. Common defenses include:
- Assumption of Risk: The user knew about the risk but chose to proceed anyway.
- Misuse of the Product: The product was used in a way that was not reasonably foreseeable.
- Lack of Safer Alternative: No feasible alternative design could achieve the same function at a reasonable cost.
Compliance with Industry Standards: The product met all regulatory and safety guidelines in effect at the time of manufacture.
Damages in Design Defect Lawsuits
Victims of injuries caused by defective product designs may be eligible for several types of damages, including:
- Medical Expenses: Costs for treatment, hospitalization, rehabilitation, and future care.
- Lost Wages: Compensation for time missed from work or reduced earning capacity.
- Pain and Suffering: Non-economic damages for emotional and physical distress.
- Property Damage: If the defective product caused damage to property.
- Punitive Damages: In cases of gross negligence or willful misconduct.
The value of a design defect claim depends on the severity of the injuries, the strength of the evidence, and the jurisdiction’s laws on product liability and damage caps.
High-Profile Design Defect Cases
Some design defect cases have led to massive verdicts and settlements. A few notable examples include:
- Ford Pinto (1970s): The gas tank design led to deadly explosions in rear-end crashes. Ford knew about the danger but failed to redesign or recall.
- Takata Airbags: A faulty inflator design caused airbags to explode, sending shrapnel into passengers. This led to the largest automotive recall in U.S. history.
- General Motors Ignition Switch: A faulty switch design caused vehicles to shut off unexpectedly, disabling power steering and airbags, resulting in multiple fatalities.
These cases demonstrate how critical safe product design is and how catastrophic the consequences can be when corners are cut.
Role of Product Liability Lawyers
Product liability attorneys play a vital role in design defect cases by:
- Investigating the root cause of the injury
- Securing expert witnesses in engineering and design
- Gathering evidence such as internal documents or recall records
- Filing lawsuits against manufacturers, designers, and distributors
- Negotiating settlements or taking the case to trial
Legal representation is especially important in cases involving powerful corporations with extensive legal resources.
Statute of Limitations
The time to file a product liability claim varies by state, but most states impose a statute of limitations ranging from one to four years from the date of injury or discovery. Some states also impose a statute of repose, which limits how long after the product was sold a claim can be filed—regardless of when the injury occurred.
Consulting with a lawyer promptly after an injury can help ensure your claim is filed within the allowable time.
Prevention and Consumer Safety
Manufacturers have a responsibility to rigorously test and evaluate their products during the design phase to identify and mitigate risks. Best practices include:
- Conducting hazard and operability studies
- Engaging third-party safety testing
- Using ergonomic and human factors analysis
- Monitoring consumer feedback and early complaints
- Implementing thorough quality assurance protocols
Meanwhile, consumers should stay informed by:
- Registering products for recall notifications
- Reviewing safety alerts from organizations like the Consumer Product Safety Commission (CPSC)
- Using products as intended and following instructions carefully
About the Author
Neil Bhartia
Neil Bhartia isn’t your typical, stuffy attorney that you see on TV. While some have their sights exclusively on money and treat their clients like a number, Neil takes a personal interest in every single client he has. As an empath, Neil understands that people that seek legal help are typically in an involuntary, and stressful situation, and he goes out of his way to diffuse the stress and educate clients on each every detail of the legal process.
