How does a court determine liability for a defective product?
When a court in California has to determine liability for a defective product, they will look at a variety of factors. These factors include the way in which the product was manufactured, designed, or marketed, any warnings or instructions that came with the product, and the way in which the product was used. The court will usually first consider whether the product is unreasonably dangerous because of its design or manufacturing. If the court decides that the product was designed or manufactured in a way that made it unreasonably dangerous for its intended use, then the manufacturer may be found liable. The court will also consider whether the manufacturer failed to provide adequate instructions or warnings about the product. Many products come with either written instructions or warning labels that tell the consumer of any potential risks associated with the product. If the court finds that the manufacturer either failed to provide these instructions or warnings, or provided instructions or warnings that were inadequate, then the manufacturer may be found liable. The court may also consider the circumstances in which the product was used. In some cases, courts have found that a product can still be considered unreasonably dangerous if it was used even in the way it was intended to be used. So if a product was designed and manufactured correctly, but the court finds that its use was still unreasonably dangerous, then the manufacturer may be found liable. When determining liability for a defective product, the court will consider all the factors mentioned above. Ultimately, the court will do its best to determine who was responsible for the products defect, and assign liability accordingly.
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