A product defect exists when the standard and recommended use of the product leads to a personal injury or injuries.
The injury victim – called the “plaintiff” in a product liability case – and the victim’s attorney must prove that the danger posed by the product could be lessened or eliminated through a reasonable alternative to the original design.
In other words, the victim must show that the same product, with a non-defective design, could accomplish the same purpose. This is typically accomplished by showing precisely what the product’s defect is and why it is in fact a design defect.