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

When it comes to products liability law in Virginia, a court will use a specific set of criteria to determine if a product is “unreasonably dangerous”. Generally, the court will look at the product’s design, manufacture, labeling, instructions, warnings, or purpose. The court will consider whether the product’s design is defective in a way that makes it more dangerous than an ordinary consumer would expect. If the product is manufactured defectively, the court will consider whether the defect renders the product unreasonably dangerous. For instance, if a product was improperly manufactured, the court will consider whether the defect caused the product to be more dangerous than an ordinary consumer would expect. The court will look at whether the product had appropriate labeling, instructions, and warnings. If the product did not have clear instructions, warnings, or labels, the court may find the product unreasonably dangerous. Finally, the court will consider the product’s intended use. If a product is intended to be used for a purpose that poses a risk of injury, and the user was injured from misuse, the court may still find the product unreasonably dangerous. For instance, if a product was designed to be used for a certain purpose, but the consumer was injured from an unintended use of the product, the court may still find the product unreasonably dangerous. Ultimately, the court will consider all of these factors when deciding if a product is “unreasonably dangerous”. If the court finds that the product does not meet the standard of "unreasonably dangerous," the plaintiff may not be successful in a products liability case.

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

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