On a daily basis, individuals in Virginia and elsewhere rely on certain products and goods to get through their day. This may be an oven to make a meal, a hairdryer to dry one’s hair, a chainsaw to cut down a tree, a vacuum to clean the house or a vehicle to get around. Consumers expect these products to work as intended. Unfortunately, issues could occur, causing a product to not work properly or not work at all. In some cases, a defect in the product could cause the item to become dangerous, causing harm to the consumer.
When manufacturers are making a product, they need to take the time to design the product. While this helps work out what it will look like and the parts necessary to make it work, the design process is not flawless. When errors are made during the design process, this could significantly impact the manufacturing of the product and how it functions.
A design defect occurs when there is a foreseeable risk posed by the product even when it was manufactured as intended and used as it was designed to. When a consumer is harmed, they typically have to prove that a reasonable alternative design is feasible to produce, economically feasible to make and not in opposition of the intended purpose of the product. If this is proven, it is possible to prove liability in the event that a design defect injured a consumer.
Consumer injuries can be serious. In order to address these harms, a victim could determine whether or not a defect was the cause. If a negligent designer, manufacturer or retailer is to blame, it may be possible to hold that party accountable through a products liability action. This could also assist with the collection of compensation to help address losses and damages experienced.