In legal terms, a defect is an imperfection that is so great that the machinery, product, or written document cannot be used safely. A defective design in a product is one that is so great, the product cannot be utilized for the purposes intended or is even made hazardous as a result of the defect, imperfection, or design flaw. For example, an automobile that is sold with faulty brakes has a defect and is dangerous – if not life threatening – to whomever buys it.
A design defect can happen in the whole design of the product or in the production of a particular individual product, not the entirety of products. For example, if one car has faulty brakes, it doesn’t necessarily mean all cars in that make and model have faulty brakes. But if the car’s design is itself flawed, then all the cars must be recalled in order to deal with the issue.
A manufacturer’s liability pertaining to a design defect occurs when the product poses a foreseeable risk when it was manufactured, sold to the public, and used for these intended purposes as directed. In many of the 50 states, prospective plaintiffs may also have to prove that these risks could have been avoided or that the company failed to properly warn the public of the dangers of their product.
Any violation of design defect laws can result in plaintiffs having course to file suit against the manufacturer.
In the United States, a tort refers to a, “body of rights, obligations, and remedies that is applied by courts in civil proceedings to provide relief for persons who have suffered harm from the wrongful acts of others.”
An MDL stands for multidistrict litigation and is a special legal procedure conducted in federal court that is designed to quickly conduct the handling of complex cases, which can include dangerous drug and medical device lawsuits.
It means the manufacturer made an error either in the design or the fabrication of a product that causes it to not work as intended. This can be especially dangerous in many cases, such as those of faulty medical devices and prescription drugs.
A defective design in a product is one that is so great, the product cannot be utilized for the purposes intended or is even made hazardous as a result of the defect, imperfection, or design flaw. In the case of medical devices, this can be a deadly mistake.