What is the legal definition of a defective product?

In Virginia, the legal definition of a defective product is one that does not provide the expected safety level to its users or one that fails to meet the intended purpose of its design. A product is considered defective when it is not of merchantable quality – that is, when it does not provide the level of safety and performance that a reasonable consumer would expect from that product. The law in Virginia also recognizes two types of product defects: manufacturing defects and design defects. Manufacturing defects occur when a product fails to conform to its intended design due to an error in the manufacturing process. A design defect is when a product’s design does not meet safety standards even if the product was correctly manufactured. Regardless of how the defect occurred, if a product fails to meet the expected safety standards, it is considered defective and may be subject to a products liability lawsuit. The burden of proving a product’s defectiveness rests on the shoulders of the plaintiff, who must provide substantial evidence that the product was indeed defective and caused injuries or damages. The plaintiff must also show that the defect caused the injury or damage, not external factors.

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What is the legal definition of a defective product?

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