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

When determining whether a product is defective in West Virginia, courts consider several factors. These include whether it had a manufacturing defect, if it was designed and manufactured properly, and if it had insufficient instructions or warnings about potential risks associated with its use. If reasonable care was not taken when manufacturing the product, or if the manufacturer was aware of potential risks and failed to warn consumers, the product can be considered defective. In addition, courts consider the intended use of the product. If the product was used for a purpose other than its intended use, it may not be considered defective. Similarly, if the product has changed over time because of normal wear and tear or misuse, this may also alter the court’s determination. Finally, courts may also assess the severity of the harm caused by the product and whether it outweighs the potential benefits it provided. If the dangers of using the product far outweigh the benefits, the product can be deemed defective. Overall, courts consider a variety of factors when determining whether a product is defective. These include the manufacturer’s conduct, product design, the intended use, changes to the product over time, and the severity of any harm caused. All of these elements must be taken into consideration to make a determination.

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

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