A design defect claim alleges that a product was dangerous as designed, not because something went wrong in manufacturing. Because the flaw is inherent to the design, every unit in the product line shares it.
Courts apply one of two principal tests. The risk-utility test asks whether the risks of the chosen design outweigh its benefits, usually requiring proof of a reasonable alternative design. The consumer expectations test asks whether the product performed as an ordinary consumer would reasonably expect.
Alternative Names:
Defective Design
Why it Matters?
Design defect claims present the greatest exposure to manufacturers because they implicate an entire product line rather than a single unit, and they open discovery into design history, testing, alternative designs considered, and internal risk assessments. These cases also drive punitive damages theories where internal documents suggest known risks were accepted.
Frequently Confused with
Related terms
Frequently asked questions
What is the difference between a design defect and a manufacturing defect?
Must a plaintiff prove an alternative design?
