Rose, Klein & Marias LLP Rose, Klein & Marias LLP ROSE, KLEIN & MARIAS LLP

Design defects and product liability


Although Californians expect the products they purchase to be reasonably safe, sometimes they are inherently dangerous. Sometimes defects occur during the manufacturing process, but in some cases, the defects are in the design, causing serious injury to consumers. In this post we will discuss what constitutes a design defect and when consumers may have the ability to file a product liability claim.

Design defects occur when an intentional product design causes injury to consumers. A design is considered defective if it is dangerous when put to its intended use or any reasonably foreseeable use. An example of this would be a hair dryer causing burns due to a gap in the vent causing skin and hair to overheat.

The court may also employ a cost-benefit analysis to determine what the actual cost would be if the design were not fixed. This cost includes lawsuits, medical expenses and lost wages. This cost is compared to the cost of replacing the flawed design with a safer alternative. These costs are based on two types of legal claims: strict liability and negligence. Strict liability claims focus on the product itself, while negligence claims focus on the manufacturer's conduct.

Proving liability can be challenging, and a person who has been injured by a defective product should consider seeking legal help to evaluate their options. If a product liability lawsuit is successful, the injured victim can recover compensation for medical expenses, lost wages, disfigurement and other damages. If the defendant's conduct was particularly egregious, the plaintiff may also be able to recover punitive damages.

Source: FindLaw, "Defects in Design," accessed July 25, 2015

No Comments

Leave a comment
Comment Information

You Only Pay If We Win

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

10 Office Locations In Southern California

Southern California is large, but you should not be required to drive for hours to meet an experienced lawyer to help you with your case. Our law firm offers convenient locations in Los Angeles, Cerritos, Ontario, San Diego, Ventura, Encino, Gardena, Glendale, Orange and Valencia. We can also come to you.

Our Office Locations

Schedule your free consultation:

  • Los Angeles: 213-784-2801
  • Cerritos: 562-606-0348
  • Ontario: 909-581-9476
  • San Diego: 619-677-1431
  • Ventura: 805-290-4882

Our Firm Affiliations:

Design defects and product liability | Rose, Klein & Marias, LLP