Defective Design - Product Liability Lawyer

Washington, Seattle, Renton, Woodinville and Statewide Representation

When a product is not designed in a manner that results in a safe product, it can give rise to claims for damages under the law of products liability when people are injured or worse. Below is an overview of this theory of products liability law. You'll find information regarding the nature of the theory, how it's proven in court, what obstacles an injured consumer should expect from any named defendants and finally how you should proceed if you or someone you love has suffered as a result of a product that had a design defect.

Before any product can hit the production floor, it must be properly designed such that it's cost-effective, can be efficiently manufactured and will ultimately generate a profit for the enterprise that's offering said product. When viewing products liability law as a whole, one should consider that the theory of defective design is distinct from the other accepted theory of products liability law that is known as manufacturer defect.

Basically, when a product is defective because of a defective design, the error that could give rise to liability by the company selling the product occurs in the design room. If a product is defective because of a manufacturing defect, liability can arise because of an error made on the production floor or at the manufacturing facility.

As a result, any product that is defectively designed results in all of the products in that line being unreasonably dangerous for anyone who uses them. Clearly, when this occurs, the potential for a large amount of injuries or worse is extreme. If someone is injured because of a product that's defectively designed, he or she must generally prove the following to a court:

• The consumer bought the product at a proper outlet
• The consumer did not alter the product in any meaningful way after purchase
• The consumer used the product properly and in a way consistent with the purpose for which it was offered for sale
• The product contained a defect that was not obvious to anyone who looked at it
• The product did not operate properly
• The consumer was injured as a result
• The design defect is what caused the injuries suffered, either directly or indirectly
• The consumer sustained damages as a result of the design defect

The items listed above are merely examples, and every case can present different fact scenarios and therefore different items that need to be proven in court. If all of the necessary elements are proven successfully, then it's likely that the manufacturer of the product will be exposed to liability for the damages the product caused.

Defective Design Lawsuits and Proving Liability

While justice should call for the payment of damages by a company responsible for a product that was defectively designed, that does not mean that an injured consumer will avoid resistance by named defendants should he or she file a legal claim. In fact, given the nature of most defendants in these types of cases, an individual consumer or group of consumers could be facing a legal battle with a large corporation and their team of defense attorneys.

Therefore, it's often necessary to not only prove that the design of the product was defective by offering expert testimony that explains where the mistakes were made, but it's also often essential that the consumer presents his or her case in a manner that's persuasive and compelling to the court.

This is reality, and it often plays out by way of the defense offering its own team of expert witnesses that will work to refute the consumer's evidence of what went wrong when the product was designed. All of this is legal, and only those who are serious about pursuing liability should take the step of filing a claim given the resistance he or she is sure to encounter.

Washington Defective Design Attorneys

If you or someone you love has been injured by a product because of its defective design, the last thing you should do is attempt to take on this matter by yourself. What you should do is contact the team of experienced and successful Washington defective products lawyers at the law firm of Phillips Webster immediately to schedule a free initial consultation. The firm has a long history of holding those responsible for defective products accountable, so contact the firm today to begin the process of protecting and enforcing your legal rights.