When you are injured by a product because of a defective design, you may be able to pursue aproduct liability claim against the manufacturer.
The manufacturer must design the product with reasonable care to eliminate avoidable dangers. In a negligent design case, you must prove who manufactured the product, that the design was defective, that you were injured, and that the negligent design caused your injury.
In addition, a manufacturer warrants that its products are fit for the ordinary purposes for which such goods are sold (G.L. c. 106, s. 2-314). This includes both the uses which the manufacturer intended and those which are reasonably foreseeable.
The following factors are considered when evaluating the adequacy of the product’s design:
- The gravity of the danger posed by the design
- The likelihood that the danger would occur
- The mechanical feasibility of a safer alternative design
- The cost of an improved design
- The adverse consequence to the product of an alternate design
Proving a defective design claim usually requires the opinion of an expert that the design was defective and an alternate design is safer.