Product Liability and Design Defects
Defective products can be the source of personal injury. A case involving product liability and design defects requires careful analysis to obtain compensation from a manufacturer in a product liability case.
The White Plains, NY lawyers at Worby Vecchio and Edelman have experience examining every factor at play in a product liability case, and have legal know-how when identifying the cause of a design defect.
What Is a Design Defect?
A product liability case involving a defectively designed item focuses on the choices made by the design team when designing a product. Most importantly, issues surrounding the safe use of a product are at issue.
When a mistake is found in the way a product was designed, preventing safe ordinary use of the item, holding the designer liable is appropriate.
This is not the same as a mistake made when manufacturing a product; special distinctions between the function of the designer and the manufacturer must be made when claiming a product was defectively designed. If the end result is that the product is unreasonably dangerous for use due to the way it was designed, the designer is responsible for any injuries caused by the product.
Some examples are:
- Cars and trucks that flip or roll when turning corners.
- Fans and tools that do not have safety guards to prevent contact with harmful moving parts or sharp edges.
- Electronic devices that get too hot for reasonable use when turned on, like a curling iron or electronic blanket.
- Eyewear and guards that do not properly cover the eye, leaving it exposed to flying objects or infiltration by harmful ultraviolet rays.
How to Establish a Design Defect
When making a claim that a product was defectively designed, the injured person must prove the design of the product presents an inherent danger, and that alternative designs were possible but not used.
Recovery is also possible by showing that the product contained a design error, but that the consumer did not receive adequate warning of the possible danger. A warning label outlining the potential risks of using the product may be needed.
The type of evidence needed to support claims for defectively designed products varies, depending on the product and the circumstances under which an injury occurred.
For example, if you are in a car accident while driving a vehicle prone to roll over but the accident was not caused by a roll over, it would be difficult to make a successful claim that a design defect caused your injuries.
The best way to recover the maximum amount you deserve if you have been hurt by a product is to partner with a qualified personal injury attorney with a proven track record for success in the area of product liability litigation.
Have You Been Hurt By a Defectively Designed Product?
If you have been in an accident involving a defectively designed product, we know how to help you recover from your injuries. Please contact our office online, or call us today at 914-686-3700 or toll free at 866-582-3071.
