What are the legal requirements for a product to be considered “defective”?

In Arkansas, a product can be considered “defective” if it does not perform as a reasonable consumer would expect it to under the same circumstances. The product must be considered unreasonably dangerous, either because of a design defect, a manufacturing defect, or inadequate warning or instructions. Under Arkansas law, a design defect is inherent in a product and may not be noticeable until it reaches the consumer. It is usually due to a flaw in the way that the product was designed and cannot be prevented by a quality control program. A manufacturing defect is something that occurs during the product’s manufacture, such as a mistake in assembly, material used or workmanship. It is normally more noticeable than a design defect and can be prevented by a quality control program. Inadequate warning or instructions can also be considered a defect in Arkansas, if the product requires it but it is not provided to the consumer. The warning or instructions must contain sufficient information for the consumer to safely use the product. Overall, for a product to be considered “defective” in Arkansas, it must not perform as it is expected to, be unsafe due to a design, manufacturing, or warning issue, and contain insufficient information to ensure its safe use.

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What are the legal requirements for a product to be considered “defective”?

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