According to Florida law, and Federal Case law, a design defect is defect in a product that causes unforeseen hazards during normal use of the product:
The alleged design defect must also cause unforeseeable dangers during normal—that is, intended—use of the product. See Cook v. MillerCoors, LLC, 829 F. Supp. 2d 1208, 1216 (M.D. Fla. 2011) (“A design defect is one that causes unforeseen hazards during normal use of the product.”).
In Cook v. MillerCoors, LLC, the court stated:
To sustain a defective product claim, a plaintiff must show “(1) that a defect was present in the product; (2) that it existed at the time the manufacturer parted possession with the product; and (3) that it caused the injuries of which the Plaintiff complains.” Barrow v. Bristol–Myers Squibb, No. 96–689–CIV–ORL–19B, 1998 WL 812318, at *27 (M.D.Fla. Oct. 29, 1998). A design defect is one that causes unforeseen hazards during normal use of the product. Id. “The test for determining whether a product is defective varies depending upon the theory asserted.” Id.
See: Grieco v. Daiho Sangyo, Inc. – District Court of Appeal of Florida, Fourth District. June 15, 2022 – 344 So.3d 11 and Cook v. MillerCoors, LLC, 829 F. Supp. 2d 1208, 1216 (M.D. Fla. 2011).
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