According to Florida law, under the “risk-utility theory,” a product is defectively designed if the plaintiff proves that the design of the product proximately caused the plaintiff’s injuries and the defendant fails to prove that, on balance, the benefits of the design outweigh the risk of danger inherent in the design:
In the byzantine world of products liability, there are three basic families of defects that may be the subject of strict product liability: manufacturing defects, design defects, and failures to warn. See E. Wertheimer, Calabresi’s Razor: A Short Cut To Responsibility, 28 Stetson L.Rev. 105, 113 (1998). The present case concerns whether the seatbelt restraint system was defectively designed. Under the consumer-expectation theory a product is defectively designed if the plaintiff is able to demonstrate that the product did not perform as safely as an ordinary consumer would expect when used in the intended or reasonably foreseeable manner. See Fremaint v. Ford Motor Co., 258 F.Supp.2d 24, 29 (D.P.R.2003). Essentially, this test relies on deductive reasoning to conclude that the product is defective. Under the risk-utility theory a product is defectively designed if the plaintiff proves that the design of the product proximately caused the plaintiff’s injuries and the defendant fails to prove that on balance, the benefits of the design outweigh the risk of danger inherent in the design. Id. Both parties agree that the risk-utility standard (or, as it sometimes called, the risk-benefit standard), is applicable to the present dispute.
Related:
- Examples of Product Liability Cases – Bottles and Containers
- What is the consumer expectations test under Florida law?
- Fort Lauderdale Product Liability Attorney
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