![]() Design Defects: These are present from the beginning, even before the product is actually manufactured.The following is a list of product defects: The plaintiff and/or their property was injured in some way by the product.Īs previously mentioned, a defective product causes injury when it has been designed, manufactured, or marketed defectively.The product’s manufacturer, seller, or distributor intended for the product to reach the plaintiff without any changes being made through the process and.The product was defective upon being manufactured.In order to prove product liability, a plaintiff needs to prove the following: Some of the most common examples of defective products include food items, medical devices, and children’s toys. To be more specific, a defective product is a product that causes injury to a person to due either a design defect, a manufacturing defect, or a marketing defect. There is a set of commercial statutes in each state that are modeled after the Uniform Commercial Code, containing warranty rules which affect product liability.Ī defective product can be defined as any product that is unreasonably dangerous when being used for its intended purpose, without any alterations or interference. State laws regarding product liability claims tend to vary. However, all parties involved in the distribution chain may be found guilty of product liability. Laws regarding product liability determine who is responsible for defective or dangerous products.Īn example of this would be a product manufacturer being held liable for placing a defective product into the stream of commerce. Product liability refers to a manufacturer, retailer, or seller of a product being held liable for allowing a defective product to reach the consumer, regardless of the consumer’s own negligence. What Is Product Liability? What Is a Defective Product?
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