A product’s defective design creates liability even when built to specifications.
Evidence
Under current product liability law, however, conformity to design specifications is not decisive. State courts have recognized that a defendant may also be liable if the design of the product that caused an injury is defective—that is, if there was a safer alternative design for the product. — G. Alan Tarr, Judicial Process and Judicial…, 3451
Categorization
- DEFINE: Defines design defect liability via the safer-alternative-design test.
- XREF: connects to: Public policy requires manufacturers to bear strict liability for defective products. — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 617; Strict tort liability applies to non-profit distributors of defective products — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1074; Remaining ignorant of problems protects against negligence liability (+1 more)
Broader Connections
- Public policy requires manufacturers to bear strict liability for defective products.
#expands(0.85) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 617 - Strict tort liability applies to non-profit distributors of defective products
#expands(0.80) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1074 - Remaining ignorant of problems protects against negligence liability
#contradicts(0.78) - Frivolous lawsuit fears drove gun industry liability immunity
#complicates(0.72) — Albert Bandura, Moral Disengagement, 1114