How does a court determine if a product is “unreasonably dangerous”?

In North Carolina, a court determines if a product is “unreasonably dangerous” by looking at whether a reasonable person would expect a certain degree of safety when using or consuming the product. Courts look at the product’s design, warnings, instructions, and manufacturing when making this determination. If a product fails to meet the safety expectations of a reasonable person, the court may find that the product is “unreasonably dangerous” and liable for damages. The court also looks at whether the manufacturer and/or retailer knew or should have known about the potential dangers of the product. For example, if the manufacturer or retailer was aware of a flaw in the product which made it unsafe, and the manufacturer/retailer failed to alert the consumer of the risks associated with the product, then the court may hold that the manufacturer/retailer had knowledge of the product’s unreasonably dangerous nature. Furthermore, courts may also consider whether the product was used as intended. In other words, if the product was being used in a manner that was not intended by the manufacturer, then the court may find that the product was not unreasonably dangerous. This consideration is especially important when looking at products that can be used for multiple purposes or in multiple ways. Ultimately, whether a product is deemed “unreasonably dangerous” is highly fact-specific and depends on the individual circumstances and product involved. As such, courts must carefully weigh all factors before coming to a conclusion.

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How does a court determine if a product is “unreasonably dangerous”?

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