Are products with “open and obvious” defects liable?

In California, products with “open and obvious” defects can still be liable under products liability law. The basic principle is that a manufacturer of a product must provide warnings about any potential risks that a consumer may not notice or be aware of. This means that if a product has a defect that is readily apparent to the consumer (an open and obvious defect), the manufacturer must provide a warning about the potential risk associated with the defect. For example, if a consumer purchases a product with an open and obvious defect such as a sharp edge or protrusion, the manufacturer is still responsible for providing warnings about the potential danger posed by the defect. This warning should be made available to the consumer prior to purchase. In addition, California products liability law requires manufacturers to ensure that their products meet certain safety standards. These standards help ensure that a product is safe for consumers to use. For instance, all products must meet standards to reduce the risk of physical injury. If a defect is present in a product and the manufacturer has not taken adequate steps to ensure the safety of the product, they may be liable. In summary, products with open and obvious defects can still be held liable in California under products liability law. Manufacturers must provide adequate warnings prior to purchase and meet certain safety standards to reduce the risk of physical harm. It is ultimately the manufacturer’s responsibility to ensure the safety of their products.

Related FAQs

What is the economic loss doctrine?
What are the differences between design defect and manufacturing defect claims?
What is “warning label negligence”?
What is the “learned intermediary doctrine”?
How does product liability law apply to products that are used for commercial purposes?
What is a “strict products liability” claim?
How does the doctrine of “assumption of risk” apply in product liability cases?
What is the difference between a manufacturer’s warranty and product liability law?
How is a company’s financial responsibility determined in a product liability case?
How do juries decide product liability cases?

Are products with “open and obvious” defects liable?

Related FAQs

Related Blog Posts