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

In New York, a product must meet certain criteria in order to be considered “defective” under the law. The legal requirements for a product to be considered defective are as follows. First, the product must either have a design or manufacturing defect. A design defect occurs when the product does not perform as it was intended to due to an error in the product’s design. A manufacturing defect occurs when the product is produced incorrectly due to an error in the manufacturing process. Second, the defect must be unreasonably dangerous. This means that the defect must pose a risk of harm or injury to the user. Third, the defect must have been present at the time the product was sold. If the defect was caused by improper use or storage after the product was sold, the product is not considered to be defective under the law. Finally, the defect must have caused an injury or financial loss to the user. To be considered defective, the product must be the substantial cause of the injury or loss. In New York, if all of these criteria are met, a product can be considered “defective” under the law. Legal recourse may be available to the consumer who has been injured or suffered a financial loss due to the defective product.

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