One of the most common defective product claims involves negligent design. These cases involve the design decisions made by the manufacturer during the creation of the product. The focus of this claim is that, even if the product was in its intended condition, there was something inherently wrong with the product that caused the damage.
To prove that the manufacturer failed to exercise reasonable care, the injured person must demonstrate that the product created an unreasonable risk of foreseeable injury.
To establish a negligent design case, the injured person must present evidence regarding either:
- The magnitude of the risk of injury presented by the defect in the product and the reasonableness of the proposed alternative designs, or
- Other evidence concerning the “unreasonableness” of the risks in the design
The application of this approach to each case is critically important. You should contact us immediately for help.
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