Legal Definitions - inherent defect

An inherent defect refers to a flaw or weakness that exists within an item, product, or property from its very nature, design, or manufacturing process, rather than being caused by external damage, wear and tear, or misuse. These defects are often not immediately obvious upon inspection but can lead to problems or failure over time.

• Example 1: A newly purchased washing machine begins to leak after only a few weeks of use. Upon inspection, it's discovered that a critical seal inside the machine was improperly molded during manufacturing, causing it to fail prematurely. This flaw was not visible when the machine was new.

  Explanation: The improperly molded seal is an inherent defect because the flaw originated during the manufacturing process and was present from the moment the machine was produced, rather than being caused by the user or external damage.

• Example 2: A commercial building, recently completed, begins to show signs of significant structural stress, such as bowing walls and uneven floors, within a year. An engineering investigation reveals that the steel beams used in the building's core structure were fabricated with a lower-grade alloy than specified in the architectural plans, compromising their load-bearing capacity.

  Explanation: The use of lower-grade steel beams constitutes an inherent defect because it was a fundamental flaw in the materials incorporated during construction, present from the building's completion, making the structure inherently weaker than intended.

• Example 3: A shipment of exotic hardwood flooring arrives at a construction site. After installation, several planks begin to warp and crack despite proper acclimatization and installation techniques. It is later determined that the wood itself contained an unusually high moisture content when it was milled, making it unstable and prone to deformation as it dried out.

  Explanation: The high moisture content in the wood is an inherent defect because it was a characteristic of the material itself, present before the wood was even shipped or installed, making the product unsuitable for its intended purpose despite correct handling.