When Is a Manufacturer Liable for a Defective Design?
Product liability laws can vary from state to state, but in most states a manufacturer is liable for a defective design when evidence shows that a product contained a foreseeable and preventable risk to consumers who used it for its intended purpose. Some states also require evidence that the manufacturer could have adopted an alternative design resulting in a safer product that still performed its intended function.
Many states follow strict liability laws for product manufacturers. In these states, an injured party has to prove nothing other than they were using the product for its intended purpose and a defect in the product caused them harm. Strict liability states do not require an injured party to show that the product manufacturer was negligent or could have developed a better, safer product.
How Does Defective Design Differ From Defective Manufacture?
Defective design occurs at the planning stage before a single product is physically built. Defective manufacture occurs at the production stage when the product is actually being put together.
An easy question to determine if a product flaw happened during the design process or the manufacturing process is this: If the product had been built correctly, would it still have a defect? If yes, the issue is a defective design; if no, a defective manufacture.
Defective Design
Defective Manufacture
An example of defective manufacture would be if a worker at a manufacturing plant insecurely fastened parts onto a bicycle frame. When the rider mounts the bicycle and puts his or her weight on it, it comes apart, causing injury.
Whether a defective product resulted from a design or manufacturing error, you can hold the manufacturer liable for your injuries.