Have you ever bought a product that made you think about whether or not it’s safe to use? Maybe you bought something for your child or someone else you know and had those same thoughts. These feelings are natural for anyone because we live in a world where products injury and kill people. There have been so many recalls for food (pistachios, peanut butter) and toys (i.e. McDonalds ‘Happy Meal’ toys) that many people have become skeptical of a lot of products on store shelves these days. Design defects are product flaws that are consistent in its design. For example, a chair with three legs may be considered defectively designed. If something you bought injures you, here are three questions you should have: 1. How badly am I injured? 2. How did the personal injury happen? 3. Was it caused by something I bought, and if so, is something wrong with the product? If your answer to question three is yes then maybe you should think about filing a product liability claim with an experienced products liability lawyer.
Determining Design DefectsThere are two theories to figure out the facts surrounding your injuries from a defective product: products liability and negligence. Product liability deals primarily on the product itself (whether or not it’s defective) while the negligence aspect (carelessness) focuses on the manufacturer, seller or distributor’s conduct because they might have sold you a dangerous product. An easy way to determine this would be to find out if the design defect was by design or unintended. There are a lot of design defect in everyday products, but a manufacturing defect, on the other hand, is usually unintended. The reason for the design defect may not seem important now, but it is very important for you product liability claim.
What Kinds Of Products Can Design Defects Be Found In?Design defects can be found anywhere. Defects can also be found in your children’s toys or in the household appliances (i.e. washers, dryers or microwaves) that you use every day such as a toaster or a refrigerator. Larger products, like automobiles for instance, may potentially come with several design defects that can cause serious personal injury or wrongful death. Some common design defects in cars include:
- Car roofs that aren’t strong enough to handle rollover car accidents
- Seatbelts that rip
- Malfunctioning airbags