Generally, we purchase products with the understanding that there is nothing wrong with them and that they will work as we expect them to do. The manufacturer implicitly guarantees that the product is not defective. If a product is defective, the manufacturer can be held liable for any injuries or damages caused by that defect.
There are generally three different categories of product defects for Oklahoma product liability law:
- Manufacturing defects;
- Design defects; and
- Marketing or warning defects.
In this article, we will focus on what a design defect is for Oklahoma product liability law.
Design Defects for Oklahoma Product Liability Law
A design defect is where the design of the product itself is flawed. A design defect exists before the product is ever manufactured, and it should be found by the manufacturer during the testing phase of the product design. When design defects aren’t caught, the products often reach the market and subject unsuspecting consumers to serious and unnecessary risks.
There is risk associated with the misuse of any product, but some products, because of design defects, can pose significant risks to consumers even when they are used properly. For example, sometimes products are designed without safety features that should have, and could have, been designed into the product for little or no extra cost to the manufacturer. When people get injured while using these products, they are often successful in bringing suit against the manufacturer for not designing these safety features into the product. For example, a power saw that was not designed with a guard that adequately protects the user from being injured while using it would make a manufacturer liable for any injuries sustained while using the product.
In another example, the gas tank in some automobiles used to be placed behind the rear axel of the vehicle. However, in situations where these cars were hit from the rear, the gas tanks would rupture, spill gas, and, where a spark occurred, the car would be engulfed in flames. Later, designers found that if you simply move the gas tank in front of the rear axel instead, this would effectively eliminate the occurrence of cars catching on fire due to the rupture of the gas tank when they were struck from behind.
Defects can exist in the design of any kind of product, but the following types of products are often the subjects of lawsuits based on design defects:
- Toys
- Tires
- Roadways
- Automobiles
- Medicine
Free Consultation: Oklahoma City Personal Injury Attorney
To know if you have a personal injury claim for injuries due to a defective product will require careful examination of the product’s design and its history on the market. An experienced personal injury attorney can assist you in gathering the evidence and organizing the facts of your case in order to successfully pursue compensation for injuries you sustained while using the product.
For a free, no-risk consultation with a knowledgeable Oklahoma City personal injury attorney, call today: (405) 716-4878 (716-HURT).
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