What are the legal requirements for a product to be considered “defective”?
In California, a product is considered to be defective if it fails to perform as safely as an ordinary consumer would expect when used in an intended or reasonably foreseeable manner. This means that any product manufacturing or design defects could potentially leave a manufacturer or seller liable for damages related to any injuries or losses caused by the product. Under California law, a product can be found defective based on a few different criteria. If a product’s design, instructions, warnings, or safety features are inadequate or insufficient, the product could be considered defective. Products can also be found defective if they lack adequate instructions on how to properly use them or if they contain a manufacturing defect that renders it unsafe for use. When looking at whether a product is defective, courts may consider how the product compared to similar products, as well as the state of the industry at the time the product was manufactured. This means that manufacturers and sellers must remain vigilant and up-to-date with the latest industry standards in order to ensure that the products they produce and sell are safe for consumers. By understanding the legal requirements for a product to be considered “defective”, manufacturers and sellers can take the necessary steps to avoid potential liability. This includes regularly inspecting and testing products, properly labeling and warning consumers of any potential hazards, and providing clear instructions on how to use the product safely.
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