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

In West Virginia, a product is considered defective if it does not meet the legal requirements of a “reasonable expectation of safety” given the circumstances when it is purchased. That means that a product must provide a certain level of safety when it is used in the way it is intended to be used. If a product does not provide that safety, it may be considered defective. In order to be considered defective, it must be proven that the product has a manufacturing or design defect. A manufacturing defect means that there was a mistake in the production process and the product did not meet the intended specifications. A design defect means that it was impossible to manufacture the product without a defect, regardless of how it was produced. In addition, a product may be considered “defective” if the manufacturer fails to provide adequate warnings and instructions about the products or its potential risks. Warnings must be provided so consumers are aware of any known hazards and can adequately use the product safely. Finally, a product may be considered “defective” if it lacks an adequate consumer safety feature or fails to meet applicable industry standards. This means that the product should contain certain features that keep it safe from harm and make it usable in a safe manner. Collectively, these legal requirements are put in place to protect consumers from dangerous products. If any of these elements are violated, a product may be deemed defective and the consumer may be eligible for damages.

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

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