The authors discuss the practical and legal problems involved in proving a defect in a product liability case. The essential differences between design defects and construction defects are characterized in terms of the requisites of proof of each. Primary emphasis is placed upon the effective and efficient discovery and utilization of evidence concerning design and construction standards and the extent to which these standards were considered and implemented in the design or construction process.
Powell, Robert E. and Hill, M. King Jr.
"Proof of a Defect or Defectiveness,"
University of Baltimore Law Review: Vol. 5
, Article 6.
Available at: http://scholarworks.law.ubalt.edu/ublr/vol5/iss1/6