What is the legal definition of a defective product?

A defective product is a product that does not meet the standards of safety expected of a similar product. Under North Dakota’s Products Liability Law, a product is considered defective if it fails to perform in the manner that an ordinary consumer would expect it to, or if it has an inherent defect that makes it unreasonably dangerous to use. A product can be unreasonably dangerous based on either its design, manufacture, assembly, or labeling. Design defects occur when a product is designed in such a way that it poses an unreasonable risk of harm to the consumer. For example, if a car was designed with a faulty seatbelt that put the driver at risk of injury, then the car would be considered defectively designed. Manufacturing defects involve errors that occur during or after manufacturing, such as an improperly sealed tire or a tire that was manufactured with a weak material. Assembly defects are common with products that are sold in pieces that need to be assembled by the consumer, such as furniture and bicycles. If the product is not assembled correctly, it could be considered defective. Finally, labeling defects occur when a product is labeled incorrectly or fails to provide sufficient information about the product’s use and any potential risks associated with using the product. For instance, if a cleaning product is labeled as non-toxic but is in fact toxic, then the product would be considered defectively labeled.

Related FAQs

What is the legal definition of a defective product?
What is a “foreign object defense”?
What are some common defenses used by defendants in product liability cases?
How can a company decide which products to recall?
What is the “consumer expectation test” and “risk-utility test”?
Is there a legal standard for determining the “reasonableness” of a product?
What is the “state of the art” defense?
What is “warning label negligence”?
How do juries determine product liability claims?
Are there any restrictions on the types of products that can be subject to product liability law?

What is the legal definition of a defective product?

Related FAQs

Related Blog Posts