What are the legal requirements for a product to be considered “defective”?
In Washington, a product is considered defective if it is not fit for the purpose it was manufactured for or if it contains a manufacturing fault that creates an unreasonable risk or danger to the user. This is known as a design defect or a manufacturing defect. A product also has a legal duty to warn consumers of potential hazards associated with the product. If these warnings are not provided and a consumer is injured as a result, the product may be considered defective and the manufacturer or seller may be liable for damages. The legal standard for determining defectiveness varies from state to state. Generally, a product is considered defective if it does not meet the “ordinary consumer’s expectations.” This means that the product must do what it is supposed to do according to what is stated on the label and must work as the consumer expects it to in reasonable conditions. This can include matters such as product quality, performance, safety, and fitness for purpose. Another factor that can lead to a product being considered defective is if it contains an inherent risk that is not obvious from inspection or use. For example, if a product’s instructions do not warn consumers about a potential risk of injury, it may be considered defective. Finally, a product may be considered defective if its warnings or instructions are inadequate or inadequate and cause an injury. The burden of proof is on the consumer to demonstrate that a warning or instruction was inadequate or inadequate and led to a reasonable person being injured.
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