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Can designers be liable for a flawed product?

Consumers in New York hope for the best from the products they buy, as does anyone. However, once in a while, they are let down, often with drastic and disastrous results. It is one thing when a product fails to function as it should. It is quite another when that same product malfunctions in a manner that puts you or your loved ones at risk or, worse, causes them harm.

Unfortunately, there are many points at which a product can become dangerous. Perhaps it was damaged yet safety checks were not sufficient enough to pick up on the flaw. Perhaps parts used in its construction were faulty, in which case the liability might land with the parts manufacturer. Perhaps the flaw arose even earlier, during the design process.

If this flaw causes injury to consumers, it could lead to a lawsuit. However, as this article on design defects explains, in general, they will need to prove that the flaw could have reasonably been prevented. Furthermore, they must show that when the defective item was created, it was foreseeable that it could pose a danger. It is important to remember that continuing to use recalled products could be dangerous both for yourself and those around you.

Of course, matters are rarely this simple and proving liability can be a lengthy process, particularly if parties from other stages of the development process are also implicated in the discussion. An attorney may be able to assist you with this and help you work toward the compensation you deserve.

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