Defective design

Inadequate or insufficient design in premises or products. Risk management focuses upon designing out risks at the inception. In buildings, the Construction and Design Management Regulations 1994 applies, inter alia, to the design stage. HSWA 1974, s.6, places safety responsibility on designers of products (machines, etc.) for use at work. The defective design risk may be excluded from product liability insurance on the grounds that it is a professional negligence risk. The design risk is not excluded for retailers; they may be strictly liable for defective products under the sale of Goods Act 1979.

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