Design Defect

Pronunciation: dih-ZINE DEE-fekt

Torts › Products Liability

Definition

Product designed in a way that makes it unreasonably dangerous even when manufactured as intended. Two tests: consumer expectation (product more dangerous than ordinary consumer expects) and risk-utility (risks outweigh benefits, reasonable alternative design available). Harder to prove than manufacturing defect. Challenges design choices, not individual product.

Related terms

• Manufacturing Defect — Product that departs from its intended design even though all care was exercised. Product differs from manufacturer's specifications…
• Failure to Warn — Product has inadequate instructions or warnings about non-obvious risks. Duty to warn of dangers not obvious to ordinary…

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