What is the legal standard for determining whether a product is dangerous or defective?

In California, the legal standard for determining whether a product is dangerous or defective is generally based on what is referred to as the "consumer expectations test." Under this test, if a product does not perform as a consumer would expect it to, then it may be considered defective. This includes any product that has a design defect, a manufacturing defect, or an inadequate warning or instruction label. For example, if a car’s brakes were not working properly due to a manufacturing defect, it could be considered defective. In some cases, the consumer expectations test is not used and instead a strict liability or negligence test is used. This usually applies if a product is inherently dangerous, such as firearms. Under this test, the manufacturer of the product is held liable for any injuries or damages that occur, regardless of the reason. In California, if a defective product has caused a person to suffer any sort of injury or damages, they may be eligible to receive compensation from the manufacturer. This compensation may come in the form of medical expenses, lost wages, or even pain and suffering damages. The important thing to note is that the consumer must be able to prove that the product was defective in order to recover any compensation.

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What is the legal standard for determining whether a product is dangerous or defective?

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