to fill out a simple form to connect to Personal Injury Lawyers in your area.

If you have a flair for writing, you may also post an article by clicking on Post Article. We will review your article and publish it if we find the contents relevant to this website. The article should be penned by you. It should not have been copied from any other site.

Design Defect Tests

Posted on:2/27/2012
There are two tests for determining if a product is suffering from a design defect. The first test asks whether the product performed as an ordinary consumer expected it to while using it as intended or when used in a manner that is reasonably foreseeable.


It is often called the reasonable expectations test. There exists no necessary link between this test and the goal of an efficient liability rule. The problem arises with the definition of an "ordinary consumer." One could define an ordinary consumer as one who expects the manufacturer not to be negligent--that is, to take only cost-justified injury-avoidance measures. Currently, however, no such definition has been adopted by the courts, and considerable confusion surrounds the meaning and application of this test.

 

The second test asks whether the producer has shown that the benefits of the injury-causing design outweighed the risks. It is known as the risk-utility test.

 

Under this test, the courts balance the risks of the current design, as now revealed, against the utility that the product and alternative designs provide. The producer is liable if it has traded off risks and utility incorrectly. However, as long as consumers are perfectly informed, the measure of utility used will be net benefits. If this is the case, the test becomes inappropriate since it compares a measure of utility net of risk to the risks. If consumers underestimate risks instead, the test increases in appropriateness: the more they ignore the risks, the more appropriate is the test.


  
Personal Injury Lawyers   Show All articles

  to fill out a simple form to connect to Personal Injury Lawyers in your area.

Personal Injury Lawyers Brain Injuries Spinal Cord Injuries
Quadriplegia and Paraplegia Back Injuries Ruptured & Herniated Disks
Bulging Disk Neck Injuries Dog Bites
Toxic Mold Product Liability Fire Accidents
Trucking Accidents Boating Accidents Car Accidents
Plane Crashes Medical Malpractice Motorcycle Accidents
Wrongful Death Personal Injury Lawsuits Testimonial
 RSS Feeds  |  Articles  |  Jobs  |  Leads
SiteMap | Attorney Registration | PI Case Laws
| Personal Injury Lawyers Directory | Success Stories | Press Releases
Copyright © 2005. “National Association of Personal Injury Lawyers (NAPIL)”. All rights reserved.
By using the system, you agree to TERMS OF SERVICE

...