Design Defect

Term: Design DefectDefinition: A legal concept where a product's design is inherently unsafe, making it unreasonably dangerous for its intended use. In asbestos litigation, this can refer to products containing asbestos that were designed without adequate safety measures.Phonetic Pronunciation: (dih-ZINE dee-FEKT)Origin: The term "design" comes from the Latin word "designare," meaning "to mark out" or "to plan." "Defect" originates from the Latin "defectus," meaning "failure" or "shortcoming." Together, the term reflects a planned product that has inherent flaws.Significance in Asbestos Context: In asbestos-related cases, proving a design defect can be crucial for establishing liability. It shifts the focus from misuse or manufacturing flaws to the inherent dangers posed by the product's design, such as asbestos-containing materials used in construction or manufacturing.Example Sentence: The plaintiff's attorney argued that the design defect in the asbestos insulation led to widespread exposure and subsequent health issues among workers.Related Terms: Product Liability, Strict Liability, Manufacturing Defect, Negligence, Inherently DangerousNotes: - Design defect claims often hinge on proving that a safer alternative design was feasible at the time of the product's creation. - Misconception: A design defect is not the same as a manufacturing defect, which involves errors in the production process rather than the original design.