A design defect is described as a feature of a product that makes it dangerous to use for the intended purpose. There are many different defects that can be considered a design defect. These include dangerous features, excessive or improper size, poor quality, not matching the advertised result, or not functioning properly. Design defects are very important to a consumer’s safety.
However, a design defect should not be confused with a manufacturing defect. Design defects are flaws with the design itself, whereas manufacturing defects are flaws that occur during the manufacturing process.
How Does a Consumer Prove a Design Defect?
In most cases, a person who believes that a product is defective has to have personal experience with the product to prove it. This experience has to relate to how the product functioned or if it was designed to do what it was supposed to do.
For example, if a table is manufactured with only two legs with the intent of providing unique decor. However, when weight is put on the table in a certain way, it tips over, causing an injury to a person’s foot. It is reasonable to assume you can place items on a table, but by designing the table in such a way that objects cause it to easily tip over and cause injuries, it is a defective design.
How is a Product Deemed Defective Under Florida Law?
Under Florida law, a product is deemed to have a design defect if the manufacturer planned the product to be manufactured in a manner consistent with the final product. It must be proven that the design itself is inherently dangerous and the manufacturer knows it is dangerous when used in the way it is intended to be used.
In Florida the product will undergo the consumer-expectation test and whether the product was marketed properly to reflect this danger. Under the consumer-expectation test, a product could be deemed unreasonably dangerous if it does not perform as safely as expected by a consumer using it in a foreseeable way. If a consumer feels that they were injured by a product they purchased and that it was manufactured exactly the way that it was described, they may be able to file a lawsuit.
Can a Product Designer Be Held Liable for an Injury?
When it comes to what is a design defect, many people wonder if the manufacturer should be held responsible for the injuries caused by their faulty products. The truth is that if a manufacturer is found to have designed a dangerous product, then they should be held legally liable for all damages resulting from that product. However, this is not the case nearly all the time. There are many different reasons why some products can be defective and still remain safe to use.
In cases where a product is known to be dangerous, such as fireworks, the manufacturer’s liability may end at placing a warning on the product. If the manufacturer knows the product is dangerous and does not include an adequate safety warning, then it may be a case of negligence due to inadequate warnings.
Negligence is defined as an act coming into being by willful misconduct or omission. In other words, if a company manufacturer fails to warn a customer of a potentially dangerous product, then it could be considered negligence. It is important to note that if a person is injured by a defective product, then it is possible that they may be able to sue the company for both negligence, and for actual damages. However, you will need to discuss your case with a knowledgeable Florida product liability attorney to determine who should be held liable.
What Damages Can I Seek from a Defective Product?
In many cases, products that are sold to consumers do not meet the standards required for safety. Manufacturers are typically held liable for any injuries that occur due to their products’ design. There are two different types of product liability cases, personal injury cases, and property damage cases. A personal injury case involves an individual who has been injured because of the actions of the product manufacturer. In a property damage case, the individual who has been injured will usually receive compensation for physical or emotional pain and suffering.
How Can I Protect Myself from Products with Defective Designs?
The best way to protect yourself from what is often called a “design defect” is to simply make sure that you are purchasing your products from a reputable manufacturer. There are many different regulations that govern the manufacturing process, so you will want to make sure that you are familiar with these requirements. You can also find out if the manufacturer adheres to all of the various safety standards that are set forth by the government.
If a manufacturer does not adhere to all of these stringent measures, then it may be wise to look for another manufacturer. Many states have created strict product liability actions that require manufacturers to warn customers about products that do not adhere to all safety practices. Buying products from apps and websites that offer products from overseas leaves you vulnerable to injuries from defective products. Because they are usually purchased directly from the manufacturer overseas, you will likely have no legal recourse in the event you are injured by a defective product.
How Can I Consult with a Design Defect Attorney?
The role of a Tampa personal injury attorney in your case is simple: to fight for your rights and get the compensation you deserve. At Darrigo & Diaz, we have more than 200 collective years of legal experience. Let us use it to help you. We aren’t afraid to take your case to court, and we can help you create an effective strategy for your claim or lawsuit. To learn more about your options, contact our firm by calling (813) 774-3341 and ask about our free case evaluations.