Product Liability: Poor or inadequate design*

When we buy a product, we expect it to be safe to use. All products should be designed so that they are practical and safe to use for the purposes intended.  For this reason, many companies spend years testing their designs before releasing the product to the consumer.

The Liability for Defective Products Act (1991) places strict liability on a producer for damages in tort to an individual or property which is caused wholly or partly by a defect in their product. One category of defect is a “design defect”.  This occurs where the products design is inherently dangerous.

This includes products which may have been either designed poorly or have not gone through an adequate testing process before being released onto the market and are inherently flawed or dangerous. This can occur even if the product is manufactured correctly with the highest quality materials.

The producer needs to consider what could go wrong when someone uses the product and in doing so, should not limit this to how they intend people to use the product. 

Some examples of design defects include:

  • Children’s toys which have caused injury due to dangerous sharp edges or parts too small for the advertised age group.
  • Reactions to beauty products due to toxic ingredients.
  • Injuries caused by motorbike or car design defects.

The Court may look at the following:

  • How the injury occurred?
  • Did the person physically suffer an injury through a fault in the product?
  • Was there something wrong with the product involved?  
  • Was there an issue with the design of the product which makes it dangerous to use? 

HOMS Assist has many years of experience in product liability claims and are expertly placed to provide all of the help and support you need when making a claim for a design defect. Injuries caused by faulty products can be life-changing, so where necessary we will help you to access rehabilitation and medical care.

 

*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

Áine McSweeney, Solicitor
Áine McSweeney, Solicitor
Contact Áine

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