What factors do courts consider when determining whether a product is defective?

When courts in Louisiana are determining if a product is defective, they consider several factors. The first factor is whether the product contains a manufacturing defect. This means that the product is not made according to the original product specifications. The second factor is whether the product contains a design defect. This means that the product was designed incorrectly in some way, resulting in an unreasonable risk of injury. The third factor is whether the product contains an inadequate warning or instruction label. This means that the product did not provide enough warning or instructions to the user, resulting in an unreasonable risk of injury. The fourth factor is whether the product contains a marketing defect. This means that the product was marketed in a way that created an unreasonable risk of injury. Lastly, the fifth factor is whether the product is reasonably safe. This means that the product meets the generally accepted standards of safety for its intended use. All of these factors are considered by the court in order to determine if the product is defective. If any of these factors are present, the court will find that the product is defective and the defendant will be liable for any damages caused by the product.

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What factors do courts consider when determining whether a product is defective?

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