What is a “manufacturing defect” in defective products law?
A “manufacturing defect” in defective products law is when a product has a flaw that was due to the way it was made, as opposed to misuse or environmental factors. In order for a manufacturing defect to be considered under defective products law, the product must be shown to be unreasonably dangerous or hazardous. Generally, a product may be considered to have a manufacturing defect if it failed to follow the design or instructions, if it deviated from its intended use, if it has components that fail prematurely, or if it has components that do not work properly and cause injury when used in the intended way. In West Virginia, a product is considered to have a manufacturing defect if it is sold in a defective condition that unreasonably creates a risk of harm or personal injury when the product is used or misused in a normal way. This means that any kind of product can fall under defective products law, from a household appliance to a children’s toy. It is important to note that in some cases, the manufacturer or seller may not be liable for any damages caused by the product, as long as the defect is not due to their negligence or breach of warranty.
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