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

In Washington, courts consider a number of factors when determining whether a product is defective. Generally, these consist of: design defects, manufacturing defects, and failure to warn defects. Design defects refer to flaws in the design of a product that make it especially prone to cause harm. This means that even if the product is properly constructed, it is still dangerous. Courts will consider the foreseeability of the defect and the potential risks of the design. Manufacturing defects refer to flaws or errors in the production or assembly of a product that make it defective. An example of a manufacturing defect would be a mistake in the use of materials or assembly of a product. Courts will consider if the error would have been discoverable by the manufacturer during the quality control process. Failure to warn defects refer to a lack of adequate warnings or instructions associated with a product. This could include a warning about the potential danger of using the product or how to safely use the product. Courts may consider whether the manufacturer should have known about the potential risk and if the warning was adequate. Overall, courts in Washington can consider any of these factors when determining whether a product is defective. They will evaluate the foreseeability of the defect, the potential risks associated with the product, and whether the manufacturer should have known about the potential risks or provided adequate warnings.

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

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