How is negligence determined in a defective products case?

In West Virginia, negligence is determined in a defective products case by examining the facts of the case to ascertain whether the product in question did not perform as it was intended to, and if it is found that it did not, then the person or entity responsible for introducing the product to the consumer can be held liable for negligence. This means that the person or entity must have breached a duty of care owed to the consumer by producing or distributing a product that did not work as it was designed or intended to. In order to prove negligence, the plaintiff must prove that the product was defective and that their injuries were directly caused by the product. They must also show that the defendant had adequate knowledge of the defect and that they could have taken measures to prevent the defect from occurring. This means that the defendant knew or should have known of the potential danger associated with the product and failed to take steps to protect consumers from it. Furthermore, the plaintiff must show that the defect was a direct cause of their injury or loss. Negligence can also be demonstrated in a product liability case by showing that the manufacturer failed to take reasonable steps to ensure the safety of the product. This means that they failed to properly design, produce, label, and test the product before introducing it to the public. If any of these aspects is found to be deficient, then the manufacturer can be held liable for negligence. Furthermore, if a retailer is found to have sold a defective product that caused harm, then they may be held liable as well.

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How is negligence determined in a defective products case?

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