Consult a Construction Attorney When Assistance Needed
A design defect is essentially where a designer could have reduced or avoided a foreseeable risk by adopting a reasonable alternative, and as a result of not doing so, result of having a product or property that is not reasonably safe to third parties.
Obviously, it’s a fact intensive inquiry and open to interpretation. And a good example of this would be an undersized retention pond that results in damage to adjacent properties when there was available historical data on rain events, which would have been foreseeable as a result of that available data. Again, Brian Carter, Tulsaconstructionlawyer.com. Thank you.