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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