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What Role Does the "Design Defect" Play in a Product Liability Lawsuit?

The Fostel Law Firm April 15, 2025

When a defective product causes harm, the injured party may have grounds for a product liability lawsuit. One of the key factors in these cases is whether the defect stems from the product's design, manufacturing, or marketing.

A design defect exists when a product is inherently unsafe due to flaws in its blueprint or intended function, making it dangerous even when used correctly. Unlike manufacturing defects, which occur during production, design defects affect every unit of a product, putting all consumers at risk.

At The Fostel Law Firm, we’ve seen how dangerous design defects can be. When a product’s design poses an unreasonable risk, those harmed have the right to seek legal action against the responsible parties.

Our product liability attorney in Houston, Texas, can help injured individuals determine whether a design defect played a role in their case and what legal steps can be taken to pursue justice.

What Defines a Design Defect?

A design defect is present when a product is unreasonably dangerous as designed, regardless of how carefully it’s manufactured. This means the issue is not the result of a production error but rather an inherent flaw in how the product was conceived. Courts generally apply one of two tests to determine if a design defect exists: the consumer-expectation test or the risk-utility test.

The consumer-expectation test considers whether the product performs in a way that an average user would expect. If it fails to meet reasonable safety expectations, it may be deemed defective.

This test is particularly relevant for products intended for everyday use, such as household appliances or children's toys. If a consumer purchases a blender and it unexpectedly overheats and catches fire despite proper use, this could indicate a design defect.

The risk-utility test, on the other hand, weighs the benefits of a product’s design against its dangers. If a safer alternative design was feasible and would have reduced the risk without sacrificing the product’s intended function, the design may be deemed defective.

This test often applies to industrial and medical equipment, where safety must be balanced with functionality. For example, if a power tool lacks a necessary safety guard that could have been included without significantly impacting performance or cost, it may be considered defective under this test.

How Does a Design Defect Affect Liability?

Proving a design defect can be a challenging task, as it requires demonstrating that the product was unreasonably dangerous from the outset. In many cases, plaintiffs must show that an alternative design was available and that the manufacturer could have used it without excessive cost or sacrificing functionality.

A product liability attorney in Houston, Texas, can help gather evidence to support this claim, including expert testimony, industry standards, and product testing reports.

Manufacturers often argue that the risks associated with their product are outweighed by its benefits or that users misused the product in a way that caused their injuries. Overcoming these defenses requires thorough preparation and legal knowledge.

For instance, in cases involving defective medical devices, manufacturers may claim that all medical implants carry some risk and that patients were informed of potential complications. However, if a safer alternative design existed and was ignored, this defense may not hold up in court.

The Fostel Law Firm understands the legal strategies needed to challenge these defenses and advocate for those harmed by defective designs.

Examples of Design Defects in Product Liability Cases

Design defects appear in various types of products, from household appliances to automobiles. One well-known example involves defective vehicle designs that make a car prone to rollovers.

If a car’s center of gravity is too high or its suspension system is poorly designed, it may be more likely to tip over during normal operation, posing a significant danger to drivers and passengers. Additionally, seatbelt and airbag failures due to flawed design have led to serious injuries and fatalities, demonstrating the potential impact of poor automotive engineering.

Another common example is medical devices that fail due to poor design. If a hip implant deteriorates faster than expected, leading to severe pain and the need for additional surgeries, this could be considered a design defect.

Pacemakers and insulin pumps with battery issues or software malfunctions have also been subject to product liability lawsuits, as their design flaws directly impact patient safety. A product liability attorney in Houston, Texas, can examine the specifics of each case to determine whether a dangerous design played a role in the injuries suffered.

Defective consumer electronics also pose significant risks. Devices with poorly designed lithium-ion batteries can overheat and explode, causing burns and other injuries. If a manufacturer failed to include adequate ventilation or insulation in the battery design, making the risk of fire unreasonably high, this could be grounds for a product liability claim.

Similarly, household tools and appliances with inadequate safety features—such as power saws without blade guards—can lead to severe injuries, reinforcing the importance of thorough design testing before a product reaches consumers.

Holding Manufacturers Accountable for Design Defects

Manufacturers have a responsibility to produce safe products. When a design defect causes harm, the company can be held accountable through a product liability lawsuit. This process often requires extensive research into how the product was designed, including reviewing internal documents, engineering reports, and expert evaluations.

Internal memos or design blueprints revealing that a company was aware of safety risks but chose not to implement safer alternatives can be key evidence in these cases.

The legal system allows injured individuals to seek compensation for medical expenses, lost wages, pain and suffering, and other damages. At The Fostel Law Firm, we work to hold manufacturers responsible for unsafe products and help injured individuals recover the damages.

A product liability attorney in Houston, Texas, can assist with gathering evidence and presenting a compelling case in court. Additionally, we examine recall history and regulatory violations to determine whether a company had previous knowledge of a design flaw and failed to act responsibly.

Proving a Design Defect Claim

To succeed in a design defect claim, the injured party must establish several key elements:

  • The product had a defective design: Evidence must show that the product’s design was unreasonably dangerous.

  • The defect caused the injury: There must be a clear link between the design flaw and the harm suffered.

  • An alternative design was feasible: A safer design must have been available and practical.

  • The product was used as intended: The injured party must demonstrate that they used the product in a foreseeable way.

Each of these elements requires substantial evidence, including expert opinions and technical analysis. A product liability attorney in Houston, Texas, can build a strong case by compiling the necessary documentation and presenting it effectively in court.

Medical records, accident reports, and engineering assessments all play a critical role in proving these claims. The process may also involve reconstructing the incident to demonstrate how the design defect directly contributed to the injury.

The Importance of Legal Representation

Product liability cases involving design defects can involve detailed legal and technical arguments. Manufacturers often have significant resources to fight these claims, making it critical for injured individuals to seek legal representation.

The Fostel Law Firm has the experience and dedication to take on these cases, helping individuals who have been harmed by dangerous products pursue justice.

A product liability attorney in Houston, Texas, can assess the merits of a claim, identify liable parties, and develop a strategy for holding manufacturers accountable. Whether through settlement negotiations or trial proceedings, having a legal advocate can make a significant difference in the outcome of a case.

Manufacturers often attempt to shift blame onto consumers, arguing that improper use or modifications caused the injury. Strong legal representation can counter these claims by presenting evidence that the defect was present from the beginning and posed a risk to all users.

Contact Our Firm Today

Design defects can lead to serious injuries, and those harmed by unsafe products should seek legal recourse. The Fostel Law Firm is committed to helping individuals who have suffered injuries due to defective designs seek justice.

Our Texas product liability attorney can provide legal guidance and representation to those in Houston, and throughout the state who have been harmed by dangerous products. Call today.