18:39
@texaslawhopefully: i dont disagree with those statements. I just think we have a lot to learn going into next election
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Simple English definitions for legal terms
malfunction theory
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A quick definition of malfunction theory:
The malfunction theory is a principle in products-liability law that allows a person who has been harmed by a product to prove that the product was defective by showing that it did not work properly, instead of having to prove a specific defect. However, the person must also show that they did not misuse the product and must rule out any other reasonable explanations for the malfunction.
A more thorough explanation:
Malfunction theory is a principle in products-liability law that allows a plaintiff to prove that a product was defective by showing that it malfunctioned, rather than having to prove a specific defect. This means that if a product doesn't work properly and causes harm, the manufacturer can be held responsible for the defect.
For example, if a person is injured while using a power tool that suddenly stops working, they may be able to use the malfunction theory to prove that the tool was defective and caused their injury. The plaintiff would need to show that the tool was being used properly and that there were no other reasonable explanations for the malfunction.
Another example could be a car that suddenly accelerates without the driver pressing the gas pedal. If the driver is injured in an accident caused by the sudden acceleration, they may be able to use the malfunction theory to prove that the car was defective and caused the accident.
The malfunction theory is an important tool for consumers to hold manufacturers accountable for defective products that cause harm. It allows plaintiffs to prove a defect without having to identify a specific flaw in the product.