The design phase of developing a new product requires that the designer take the time to ensure that the product is safe for the public to use. When the designer tries to move through the process too quickly or without enough thought, there is a chance that the product might cause injuries to the people who use it.
It is important to note that a defect in design must be a foreseeable risk to the public. The defect in design might only be compensable if there was a way that the design could have been modified or changed in order to avoid the dangers. Those changes or modifications must be feasible, cost effective and not change the intended use of the product.
When it comes to a defect in design claim, the product must have been being used in the intended manner. This means that you likely wouldn’t be able to use a defect in design claim if you were using a table saw to plane a piece of wood.
Changing or modifying the product on your own would likely mean that you won’t be able to claim a defect in design caused the accident. This is because your actions in modifying the product could likely lead to injuries.
There are a host of other issues that might apply to a defect in design case. With that in mind, you should ensure that you understand all of the points you will need to include in your case. By getting a good understanding, you can get started on building your claim for compensation.
Source: FindLaw, “Defects in Design,” accessed May 20, 2016