Legal Definitions - design defect

A design defect is a flaw in the design of a product that makes it dangerous to use. This means that the product was made correctly, but the design itself is the problem. For example, a car may have a design defect if the brakes fail to work properly, even if they were manufactured correctly.

Design defects are often the basis for lawsuits when someone is injured as a result of the defect. In order to prove a design defect, the plaintiff must show that there is a hypothetical alternative design that would be safer, economically feasible, and practical while still serving the primary purpose of the original design.

Other examples of design defects include:

• A ladder that is designed with weak rungs that can break easily
• A toy that is designed with small parts that can be easily swallowed by children
• A medication that is designed with a dosage that is too high and can cause harmful side effects

These examples illustrate how a design defect can make a product dangerous and potentially harmful to consumers. In each case, the product was made correctly, but the design itself was flawed and posed a risk to those who used it.