Because a defendant is claiming that a complete product line is defective, the key to a design defect case is the reasonableness or unreasonableness of a product’s design. A plaintiff must show that the product was defective while it was still in the manufacturer’s possession.
Several factors help to determine if a product in fact includes a defect in its design:
1. the seriousness of the risk presented by the disputed design
2. the possibility or probability that a consumer using the item will be injured
3. the feasibility of a less dangerous alternative design
4. the cost to the manufacturer of a less dangerous alternative design
5. the potential negative consequences for the manufacturer and for consumers if a less dangerous alternative design were adopted
Industry design standards can be used to establish a minimum level of safety. Manufacturing and selling items that fall below those design standards may be considered negligence, and if a substandard item’s design injures you, taking legal action to recover compensation is your right.