Danville Design Defect Attorneys
Even when a manufacturer creates a product that fully adheres to company and government safety standards, containing no defects or potentially hazardous materials, a consumer can still be significantly injured by the product. While the actual production process may have been completed without issue, the product designers may have made serious errors. Unless the manufacturer issues a recall, these defects may regularly surface across the product line, potentially leading to widespread consumer injury.
To discuss your legal options if a faulty product has injured you or someone you love, contact the Danville design defect lawyers of Spiros Law, P.C., at (217) 443-4343 today.
Types of Design Defects
Legally speaking, design defects are not as simple to determine as manufacturing defects or distribution mistakes. For a design defect lawsuit against a negligent manufacturer to be successful, a consumer typically needs to prove failure in two liability tests. Without proving the following, a complaint may not be linked to a faulty design:
- An injury occurred
- The product failed to safely perform according to reasonable expectations
- The injury could have been reasonably avoided using a different design
Known respectively as the consumer-expectations test and the risk-utility test, these tests determine whether design flaws were significant enough to warrant compensation for an injury.
For example, if a seat belt made of cloth snaps in an accident and causes the driver to crash against the windshield, the belt fails the consumer-expectations test because it failed to properly restrain the wearer. Similarly, the belt may be found defective on a design level because a cloth belt obviously would not measure up to an alternative material. On these grounds, the design would then fail the risk-utility test.
If you have been injured because of a poorly designed product, you may be eligible to receive compensation. To learn more about your legal options following an injury, contact the Danville design defect attorneys of Spiros Law, P.C., by calling (217) 443-4343.