There are instances when an individual can be hurt or harmed as a result of a defect in a product. The product may be defective as a result of its design or the product itself could malfunction while being used in the process of its instructed use. A design defect normally leads to a full scale problem with all or most of the products experiencing defects due to the design blueprint. This article will discuss a basic overview of design defects and the legal recourse to be taken by injured individuals.

A design defect is where a person or multiple customers face injury as a result of the use of a product that malfunctions. The condition of a design defect exists due to the product manufactured through a defective blueprint when creating the item. One article states with regard to a design defect that “the design may have certain flaws for instructed use in building an object or in piecing it together. The defective design makes the item inherently dangerous for use, useless in everyday procedure or a risk to the well-being of the customer or client.” It must be noted that even with the top of the range materials within the product, a design defect could harm the person that bought it.

Generally, every product comes with a manual outlining instructions with regards to the standard of use. If a person chooses not to follow the instructions or uses the product for what it is not meant to be used for this could result in harm as a result of a non-standard application of use. This is not a design defect. However, if a product is being used for its standard of use in accordance with the instructions and due to some defect in its design an individual is injured this is a defective product. For example, if a lawnmower has a blade that does not start but engages when a person is checking it and this individual is injured this means the product is defective based on its design. As a result, the design in whole or part may have a flaw leading to the injury of the individual who is using the product as per the instructions given.

A Crowson Law Group attorney explained, “There is a difference between manufacturing defects and design defects which arise through the product creation process, and then becomes part of each item produced. When a defect arises as part of the manufacturing process, typically only items from the product batch are affected. But in the case of a design defect the entire product created could have the same defective issue. It is easy to recall a batch, but with a design defect you could end up recalling every item ever sold with that design.
When an individual is injured as a result of a design defect of a product, they are eligible for compensation through product liability. In such cases the courts may hold the company that designed the product is responsible for the damage and injury caused to consumers. Because the defect is with each and every product that has been made, a manufacturer could find themselves having to deal with several personal injury claims. This type of personal injury claim falls under product liability. For legal representation and advice on product liability claims, contact top lawyers in Anchorage Ak.

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