Lesson 23: Design Defects

As part of the larger topic of Product Liability, this lesson explores the concept of design defects. Understanding design defects is crucial for navigating the complexities of torts law, especially in product liability cases.

What Are Design Defects?

A design defect occurs when a product is designed in a way that makes it inherently unsafe, even if manufactured correctly. Unlike manufacturing defects, which are errors that occur during the production process, design defects are present in every unit produced according to the design.

Legal Standards for Design Defects

Courts typically use several tests to determine if a design defect exists:

  • Consumer Expectation Test: This test assesses whether a product performs as safely as an ordinary consumer would expect.
  • Risk-Utility Test: This test evaluates whether the risks posed by a product's design outweigh its utility or benefits.


    Evaluate the usefulness of the product
    Assess the potential dangers posed by the design
    Consider the feasibility of a safer alternative design

    

Graphical Representation

Below is a diagram representing the decision-making process involved in determining a design defect:

graph TD A["Product Design Evaluation"] --> B["Consumer Expectation Test"] A --> C{"Risk-Utility Test"} C --> D["Risk Analysis"] C --> E["Utility Assessment"] C --> F["Feasibility of Safer Design"]

Real-World Examples

To put this into perspective, consider the following real-world examples of design defects:

Case Law

Many landmark cases have shaped the legal landscape for design defects. Here are a few:

Conclusion

Understanding design defects is essential for anyone involved in product liability law. By distinguishing them from other types of defects and applying the appropriate legal standards, you can better navigate this complex area of torts law.

For more in-depth information, refer to our previous lessons on Introduction to Product Liability and Manufacturing Defects.