Personal Injury · Products Liability
Design Defects: When the Plan Itself Is Unsafe
In a manufacturing defect, one product comes out wrong. In a design defect, every product comes out exactly as planned. The problem is the plan.
A guard that is missing from the design. A battery system with no protection against overheating. A handle that gives way under normal use. Every unit has the same flaw because the flaw was drawn in from the start.
What the jury is told
Instruction 403.7(b) is the Florida standard:
"A product is defective because of a design defect if it is in a condition unreasonably dangerous to [the user] [a person in the vicinity of the product] and the product is expected to and does reach the user without substantial change affecting that condition." Fla. Std. Jury Instr. (Civ.) 403.7(b).
Then comes the test for "unreasonably dangerous." It gives two ways to meet it:
"A product is unreasonably dangerous because of its design if [the product fails to perform as safely as an ordinary consumer would expect when used as intended or when used in a manner reasonably foreseeable by the manufacturer] [or] [the risk of danger in the design outweighs the benefits]." Fla. Std. Jury Instr. (Civ.) 403.7(b).
The word "or" matters. The two tests are alternatives, and the case may use one or both.
Test one: consumer expectations
Would an ordinary person expect this product to be safer? The question is how an ordinary consumer would expect the product to perform "when used as intended or when used in a manner reasonably foreseeable by the manufacturer."
Think of a ladder that folds up under a person's weight. Or a space heater that ignites the carpet during normal use. Most people know what to expect from those products.
The committee notes add that when someone other than the direct user is hurt, the "ordinary consumer" is the professional or other type of consumer who actually used the product (Note on Use 1 to 403.7).
Test two: risk versus benefit
Does the danger in the design outweigh what the design offers? This test weighs the risks against the benefits.
It often involves a comparison. Was there a safer way to design the same product? Was it practical? What would it have cost, and would it have kept the product useful?
Engineers and other experts usually carry this fight.
The "state of the art" instruction
The instruction has an optional bracketed paragraph:
"In deciding whether (the product) was defective because of a design defect, you shall consider the state-of-the-art of scientific and technical knowledge and other circumstances that existed at the time of (the product's) manufacture, not at the time of the [loss] [injury] [or] [damage]." Fla. Std. Jury Instr. (Civ.) 403.7(b).
The committee points to section 768.1257, Florida Statutes, for the state-of-the-art defense (Note on Use 5). In plain English, the defense argues the design was reasonable for what was known when the product was made.
Who can be hurt
The instruction covers more than the buyer. Note on Use 2 says: "Strict liability applies to all foreseeable bystanders." A person standing near a product when it fails can be a claimant.
What you need to show
- The design made the product unreasonably dangerous.
- It reached you without a substantial change.
- The design defect was a legal cause of your injury.
Common defense arguments
- The design met industry standards and government rules. Florida has a statute on compliance with government rules, section 768.1256, which creates a presumption that is not absolute.
- A safer design was not practical.
- You misused or changed the product.
- The danger was obvious.
See defenses.
Why it matters to many families
A design defect can affect every product like yours. That is why these cases are often hard-fought and involve experts on both sides. They are also why a family should never discard the product or a similar one. See preserving the product and evidence.
What to do now
- Get medical care.
- Keep the product exactly as it is.
- Save the manual, packaging, and receipt.
- Photograph the product and the place where you were hurt.
- Do not return the product to the company.
- Call a lawyer before you talk to the company's insurer.
Talk to us
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This page is general information, not legal advice. Every case is different.