Bar Exam — MBE (Multistate Bar Exam)TortsMedium
A product manufacturer designed a new line of blenders. During the design phase, engineers chose a type of plastic for the blender's pitcher that was known to become brittle and shatter if exposed to extreme temperatures, despite a safer, slightly more expensive alternative plastic being available. The blenders were marketed for general kitchen use. A consumer suffered severe lacerations when the pitcher shattered while blending hot soup. Which type of product defect is most likely present?
- AWarning defect
- BAssembly defect
- CDesign defect
- DManufacturing defect
Show answer & explanationAnswer & explanation
Correct answer: C. Design defect
A design defect occurs when the product is dangerous because of its design, even if manufactured perfectly. Here, the choice of a brittle plastic for a blender pitcher that might be used with hot liquids, when a safer alternative existed, points to a flaw in the product's design.
Why the other options are wrong
- A. While a warning might have been absent, the fundamental problem is the product's dangerous design, not just a failure to warn.
- B. An assembly defect is a type of manufacturing defect, where components are put together incorrectly.
- D. A manufacturing defect would mean a deviation from the intended design, but here the design itself is flawed.
Design Defect (Products Liability)
A product defect where the product is unreasonably dangerous as designed, even if perfectly manufactured.
- Can be proven by the consumer expectation test or the risk-utility test.
- Risk-utility test considers feasibility and cost of safer alternative designs.
- Applies to the entire product line.
Memory trick: Made Defectively, Designed Dangerously, Warned Weakly.