Legal Definitions - defective product

A defective product refers to any product that contains a flaw or imperfection making it unreasonably dangerous for its intended or foreseeable use. This defect can arise in several ways: during the product's design, during its manufacturing process, or due to insufficient warnings or instructions provided to the consumer. When a product is deemed defective, the manufacturer, distributor, or seller may be held responsible for any injuries or damages it causes.

Here are some examples illustrating what constitutes a defective product:

• Example 1: Manufacturing Defect

  A consumer purchases a brand new smartphone. Within a week, the phone's battery swells dramatically and overheats, causing the casing to crack and posing a fire risk. An investigation reveals that a specific batch of batteries used in a limited number of phones had a manufacturing error, leading to instability.

  This illustrates a defective product because a specific unit of the smartphone had a flaw (the faulty battery) that made it unreasonably dangerous. The defect occurred during the manufacturing process of that particular battery, not due to a design flaw affecting all phones of that model, but due to an error in producing that individual component.

• Example 2: Design Defect

  A company launches a new line of electric scooters designed with a unique folding mechanism. However, after several incidents where the scooters unexpectedly fold while in motion, causing riders to fall and sustain injuries, it's discovered that the locking mechanism's design is inherently weak and prone to failure under normal riding conditions.

  This is a defective product due to a design flaw. The problem isn't with a single faulty scooter, but with the inherent design of the folding mechanism across the entire product line, making the scooter unreasonably dangerous for its intended use.

• Example 3: Warning or Marketing Defect

  A new brand of over-the-counter pain reliever is marketed to the public. The packaging and accompanying leaflet do not adequately warn consumers that taking the medication with certain common prescription drugs can lead to severe adverse reactions, even though the manufacturer is aware of this potential interaction.

  This product is defective because of inadequate warnings. While the pain reliever itself might be safe when used alone, the manufacturer failed to provide crucial information about a non-obvious danger associated with its foreseeable use in combination with other medications, thereby making the product unreasonably dangerous in that context.