What is the legal definition of a “defective product”?
In California, a “defective product” is defined as a product that fails to perform as expected, or is not reasonably safe when used as intended. This includes any product that has been designed or manufactured improperly, incorporates substandard materials, is sold without sufficient instructions or warnings, or does not meet the industry’s generally accepted standards for safety. The law provides consumers with protection against these types of products that cause an injury or death. In order to prove a product is defective, a consumer must show that the product was defectively designed or manufactured, or that it lacked proper instructions or warnings. In some cases, the consumer must also show that the manufacturer knew or should have known that the product was dangerous. Although the law protects consumers from defective products, it also sets standards for businesses that manufacture and sell them. These standards require businesses to test products for safety, provide clear instructions and warnings, and fix any issues that come up during the testing process. Furthermore, businesses must ensure that their products are in compliance with all applicable laws and regulations. By following these safety requirements, businesses can help protect consumers from potential harm caused by defective products.
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