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Defective Products

One of the most frequently addressed subjects in product liability cases is defects. As far as the law is concerned, the term takes on more meaning than expected. The laws considers any product defective that presents an unreasonable danger when being used as it was intended. When analyzing this definition, keep in mind that the phrase “unreasonable danger” is vital to the meaning of the word defective. As a result, a product could be intrinsically dangerous if used inappropriately. However, when used as directed, it would not be considered unreasonable.

For example, gasoline is naturally dangerous when met by fire, but its usage value definitely outweighs its potential danger. Thus, the law does not recognize gas as unreasonably dangerous when it is used in a logical manner. If the day ever comes where a less risky, inexpensive substitute for gasoline becomes the fuel of choice, the law could allow a product liability action to verify that gasoline is an unreasonably dangerous product, or defective.

Likewise, a knife is undeniably dangerous, but the law would not label it unreasonably dangerous. In contrast, a knife with a handle so brittle that it might break under normal conditions would present unreasonable danger and be deemed defective.

An additional product characteristic that could be evaluated to determine defectiveness is what kind of warning signs it communicates to the user. In other words, an inadequate warning that a product is on the verge of malfunctioning will heighten the amount of danger associated with product usage and could even be considered negligence on behalf of the manufacturer. Furthermore, an adequate warning could be the difference-maker in court that proves that the product’s risk factor is not enough to constitute a stamp of unreasonable danger. On the other hand, a practical product that is inherently hazardous may be described as unreasonably dangerous for its everyday usage based on the fact that it does not provide adequate warning to its user.