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

In Florida, a product must meet certain criteria to be considered “defective”. This criteria is outlined in the Florida Department of Agriculture and Consumer Services Consumer Protection Laws document. According to this document, a product must fail to perform as expected and be unreasonably dangerous to the user or consumer in order to be classified as “defective”. Furthermore, the product must meet the following restrictions: it must have been in a condition that is not substantially different from when it was sold; it must have been used or handled in an anticipated manner under normal use; and it must not have been altered in a manner that would render it defective. In addition to these restrictions, a product must have been sold with the expectation that it could be trusted to be safe and fit for its intended use. If a product fails to perform in such a way that it poses a risk of personal injury, death, or property damage, then it can be considered “defective”. It is important to note that a product can be deemed “defective” even in cases where its use was not made known at the time of purchase. Additionally, a product can still be deemed “defective” if the seller was unaware of its potential to cause harm. Therefore, it is important to thoroughly inspect products before purchasing them to ensure they are safe and fit for their intended use.

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