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Defective Product is an imperfection in a product that has a manufacturing or design defect, or is faulty because of inadequate instructions or warnings. A product is in a defective condition if it is unreasonably dangerous to the user or to consumer who purchases the product and causes physical harm.
In order to establish negligence, you must be able to prove four elements: a duty, a breach of that duty, causation and damages.
One of the most straightforward ways to find out if you have a defective product is to pay attention to product recalls. Unfortunately, manufacturers do not always do a very good job of broadcasting their recalls, so consumers need to take a proactive approach to discovering if they have any defective products.
Defining defective A defective product is one that does not perform as it should or one that causes unexpected injuries. It could cause damages because of a defective design or manufacturing flaw, or it could be defective because there were insufficient warnings to consumers about the risks of using the product.
To be more specific, a defective product is a product that causes injury to a person to due either a design defect, a manufacturing defect, or a marketing defect. Some of the most common examples of defective products include food items, medical devices, and children's toys.
To be considered defective, a product should fall under one or more of four general categories: The product is unfit for its intended use. For example, a helmet that collapses upon slight impact would be unfit for intended use. The product does not include proper or adequate instructions for use.
Dangerous or otherwise defective products cause injury to countless numbers of consumers each year. If you purchase a product that simply does not perform as advertised, causing no actual injury, then you may be covered by a warranty or at the very least have the option of returning it for a refund or exchange.
If you make a defective product claim, there are four elements of your claim you must prove:You were using the product as intended.The product was defective.You were injured or otherwise suffered harm.The product's defect caused you harm.
With regard to products liability, a defendant is liable when the plaintiff proves that the product is defective, regardless of the defendant's intent. It is irrelevant whether the manufacturer or supplier exercised great care; if there is a defect in the product that causes harm, he or she will be liable for it.