MBE Rules · Torts
Products liability — design defect
The rule
Two tests: (1) Consumer-expectation: product more dangerous than ordinary consumer would expect. (2) Risk-utility: a reasonable alternative design existed and the failure to adopt it made the product not reasonably safe. Modern Restatement (Third) favors risk-utility.
In plain English
A product is defective if it's more dangerous than expected or if there's a safer design that wasn't used.
Worked example
A new blender model explodes when used as intended. There was a safer design available that wasn't used. The blender is considered defectively designed.
Memory hook
Design Defect: Expectation vs. Utility. Consumer wants safety; utility weighs alternatives.
The trap
Students think: Consumer-expectation always applies. Wrong, because modern preference is risk-utility. The actual test often hinges on reasonable alternative design.
How examiners test it
The MBE loves: product fails in unexpected way, but safer design exists. Trap: focusing only on consumer surprise. Correct: consider if safer design was feasible.
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