In an injury or death resulting from the defective design of a product, the claim is that the product functioned as it was designed but the design was negligent. That is a reasonable manufacturer should have known that the design of the product was defective, that it was foreseeable that the design could cause injury or death to the user of the product. Once a hazard, which is a condition that may cause injury or death, is identified in a product, the design engineer must follow an accepted design priority recognized by all design engineers in reducing the possibility of the dangerous condition of the product causing injury or death.
1. The dangerous condition must be designed out of the product if such can be done without destroying the utility of the product. If this can’t be done then:
2. The dangerous condition of the product must be guarded against. If the dangerous condition of the product can’t be guarded against then: