A product generally has a design defect if, because of its design, (1) it failed to perform as safely as an ordinary user would expect when the product was used in a manner reasonably foreseeable to the manufacturer; and (2) at the time the product was designed, a safer alternative design was available that was technically and economically feasible under the circumstances.

If a product has a design defect, the manufacturer will generally be strictly liable in tort for damages caused by the defective product. This means the manufacturer will be liable even if the manufacturer exercised great care in designing the product and was not negligent.

But even when a product is defective due to a flawed design, some courts will use one of these two tests to determine whether the defendant is liable to the plaintiff:

• Risk-Utility or Risk-Benefit Test. The risk-utility test provides that a defendant is not liable for a design defect if the evidence shows the product’s utility outweighs its inherent risk of harm.

• Consumer Expectation Test. Under the consumer expectation test, the question is whether a reasonable consumer would find the product defective when using the product in a reasonable manner. If a reasonable consumer would not find the product defective when using it in a reasonable manner, the defendant is not liable even if the product’s design flaw caused the plaintiff’s injury.

Products liability laws vary from state to state and may be in a state’s statutes or in its court opinions (also known as case law or common law).

In Mississippi, the law regarding product liability, including design defects, is governed by the Mississippi Product Liability Act (MPLA). Under the MPLA, a product may be considered to have a design defect if it fails to perform as safely as an ordinary consumer would expect when used in a reasonably foreseeable manner, and if, at the time of the design, a safer alternative was practicable. Mississippi follows a strict liability approach for design defects, meaning that a manufacturer can be held liable for damages caused by a defective product even if they were not negligent in the design process. The state utilizes the risk-utility test to determine liability, weighing the product's utility against its risk of harm. The consumer expectation test is also relevant; it considers whether a reasonable consumer would find the product defective under normal use. If the product's utility is deemed to outweigh the risk or if a reasonable consumer would not find the product defective, the manufacturer may not be held liable. These principles are derived from state statutes and interpretations by Mississippi courts.