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What is a design defect?

defect design
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What is a design defect?

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A. A product has a “design defect” when it’s manufactured correctly, but is unreasonably dangerous as manufactured. A design defect occurs when the design of the product sold by the manufacturer is unreasonably dangerous. The product is made correctly, but the design is bad. Generally, the plaintiff must show the manufacturer could have used a “safer alternative design” which would have prevented the injury. The court will balance the feasibility of a “safer alternative design,” with such factors as the cost, availability and impact on the product’s effectiveness.

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A design defect exists when a product is manufactured exactly as the manufacturer intended, yet the product is legally defective because of a design flaw.

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