Design Defects as a Cause of Action in New York
When you purchase a product, you expect it to be safe and reliable for its intended use. However, there are instances where products can pose unexpected dangers due to their design. This legal concern is known as a design defect, and it’s important for consumers to be aware of their rights and safety when using products.
What is a Design Defect?
A design defect refers to a situation where a product, when it’s sold, is in a condition that goes beyond what the consumer could reasonably anticipate, making it unreasonably dangerous for its intended purpose. In simpler terms, it means that the product’s design is flawed in a way that puts users at risk, even if they use it as intended. This could include anything from a malfunctioning car brake system to a household appliance with potential safety hazards.
Key Requirements to Prove a Design Defect
For someone to make a valid claim regarding a defective design, they need to show three important things.
Substantial Likelihood of Harm: The way the product is designed should have a high chance of causing harm to users.
Safer Design Feasibility: It should have been possible to create a safer version of the product without sacrificing its functionality.
Defective Design Caused Injury: The faulty design should have been a major reason why the person got injured while using the product.
Analyzing Design Defect Claims
To determine whether a design defect exists, a thorough investigation is carried out. This involves considering various factors that help evaluate the safety of the product:
- Public and Individual Utility: How useful is the product to the public and to individual users?
- Likelihood of Injury: How likely is it that the product could cause harm?
- Availability of Safer Design: Could the product have been designed in a way that’s safer?
- Balancing Safety and Functionality: Can the product be made safer without losing its purpose or becoming unreasonably expensive?
- User Awareness: Did the injured person have a reasonable understanding of the product’s potential risks?
- Manufacturer’s Responsibility: Could the manufacturer have reasonably prevented the design defect?
Strict Liability and Negligence
When it comes to legal theories surrounding design defects, strict liability and negligence are quite similar. This means that if a product’s design is flawed and leads to harm, the manufacturer or seller could be held responsible for the injuries, even if they didn’t intentionally cause them.
Conclusion
Understanding design defects is crucial for your safety as a consumer. It’s essential to know that if you’re injured due to a defective product design, you have legal options to pursue compensation for your injuries. Manufacturers and sellers have a responsibility to ensure their products are safe, and if they fail in that duty, they can be held accountable. If you believe you’ve been harmed by a product’s design defect, it’s advisable to consult legal experts who can guide you through the process of seeking justice and compensation. Your safety matters, and the law is on your side.
Find the Law
“In order to state a products liability claim predicated upon a defective design, a plaintiff must demonstrate that (1) the product as designed posed a substantial likelihood of harm; (2) it was feasible to design the product in a safer manner; and (3) the defective design was a substantial factor in causing plaintiff’s injury . . . .” Narvaez v. Wadsworth, 58 Misc. 3d 1229 (N.Y. Sup. Ct. 2018).