Legal Definitions - defective condition

A defective condition refers to a flaw or problem within a product that makes it unexpectedly unsafe for its intended purpose, creating a risk of harm that a typical user would not reasonably foresee or expect. Essentially, the product is more dangerous than an ordinary person would anticipate when using it as intended or in a foreseeable way.

Here are some examples:

• Imagine a brand-new, high-end blender that, during its first use, suddenly shatters its glass pitcher while blending a standard smoothie, sending sharp fragments flying. The manufacturer's specifications indicate the pitcher should withstand typical blending forces.

  This illustrates a defective condition because an ordinary consumer expects a blender pitcher to safely contain its contents during normal operation. The unexpected shattering poses a risk of physical harm (cuts, eye injury) that goes far beyond what any user would contemplate when purchasing or using a blender.

• Consider a popular brand of electric blanket designed with an internal heating element that, due to a design flaw, can overheat and ignite the blanket material even when used according to instructions and without any external damage. Multiple reports of fires emerge from different users.

  This represents a defective condition because consumers expect an electric blanket to provide warmth safely, not to pose a fire hazard under normal use. The inherent design flaw creates an unreasonably dangerous situation and a risk of severe harm (burns, property damage) that no ordinary user would anticipate from such a product.

• Think of a powerful industrial-strength adhesive sold to the general public for household repairs. The label warns it's "flammable" but doesn't explicitly state that its fumes are highly toxic and can cause severe respiratory distress if used in an unventilated area, even for a short period. A user applies it in a closed room and experiences serious breathing difficulties.

  This demonstrates a defective condition due to inadequate warning. While an ordinary user might understand "flammable" means to keep it away from open flames, they might not anticipate severe respiratory harm from fumes without a clear, explicit warning about toxicity and the critical need for ventilation. The product, though potentially effective, becomes unreasonably dangerous because the warning fails to adequately inform the user of a non-obvious, severe risk.