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When Can an Injury From a Design Defect Entitle You to Compensation?

We've seen that the elements of "defective" and "unreasonably dangerous" can be proven by showing a flawed design, or by showing a defect in the manufacturing of the product itself. The concept of faulty manufacturing is explored in another chapter. A Baltimore personal injury lawyer trying a strict liability products case premised on defective design argues that the jury consider several factors in determining if the product was reasonably safe:

  • is it likely that the product, as designed, would cause injury, and the severity of that injury
  • is the product useful and desirable?
  •  are there substitutes?
  • could the dangerous nature of the product have been changed by the manufacturer

Seasoned Baltimore personal also know that the jury must consider the level of awareness of the user to potential dangers, as well as the effect of warnings and instructional material. [MCPJI 26:13]


     -This Artice was updated by Eric Kirk on 6/6/19. 

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Eric T Kirk

After graduating with honors from Albany Law School in New York, Eric Kirk has spent most of his 25 year legal career battling insurance companies to secure fair and just compensation for his clients in Maryland, New York, and Florida.