Failure by design: What to do when defective products cause harm

Jul 09 2025 09:57

A Routine Use Gone Wrong

Your new kitchen appliance finally arrives, and you're eager to try it out. But after pressing a button, things don’t go as planned. Instead of working smoothly, the appliance malfunctions, causes an unexpected injury, and leaves you wondering what went wrong.

If this sounds familiar, you may be dealing with a design defect.

What Is a Design Defect?

A design defect makes a product dangerous not because it broke or was used improperly, but because it was flawed from the beginning. The risk is built into the product’s very design—making injury possible even when the product is used correctly.

This differs from a manufacturing defect, where only some units are faulty due to production errors. In contrast, a design defect puts every unit of that product line at risk.

Examples of Dangerous Design Flaws

  • Electric scooter with no speed limiter or reliable brakes
    Even on flat terrain, it accelerates too quickly, making it hard to control. Users are at high risk of falls, collisions, or broken bones.

  • High chair with an unstable base
    Even on level flooring, it tips when a child leans. This can lead to falls, bruises, fractures, or head injuries.

  • Blender that runs without the lid secured
    The blades spin even if the container isn’t locked. This poses a serious risk of cuts during normal use.

These are not just inconveniences—they are avoidable hazards that slipped through or were ignored during the product’s development phase.

Steps to Take After Injury from a Defective Product

Washington’s product liability laws are designed to protect consumers, but your actions immediately after an injury matter. Here’s what you should do:

  1. Preserve the Product and Packaging
    Do not repair, discard, or return it until you've consulted a lawyer.

  2. Document Everything

    • Take detailed photos of the product and your injuries.

    • Show where and how the incident occurred.

  3. Gather Relevant Documents

    • Save the receipt, instruction manuals, warranty, and any communication with the seller.

  4. Seek Medical Attention

    • Document every visit, diagnosis, treatment, and expense.

  5. Contact a Personal Injury Attorney

    • Get legal advice before speaking to the manufacturer or their insurance company.

Who Can Be Held Responsible?

In Washington, liability for a design defect may extend beyond the brand name on the box. Anyone involved in the product’s supply chain —from designers to distributors—can potentially be held accountable.

A qualified attorney will investigate the full distribution chain to ensure all responsible parties are identified and held liable.

You Deserve More Than a Refund

When you purchase a product, you expect it to be safe. If a design flaw violates that trust and causes harm, you shouldn't have to bear the burden alone.

A Washington personal injury attorney can help you seek compensation for your physical, emotional, and financial recovery, and ensure negligent parties are held responsible.

This article originally appeared on Farrell Law Office.