While most people have a basic understanding of what a defective product is, it’s important to understand what the term means as a legal definition, as this may be somewhat different to what you were expecting.
In this guide, we’re going to highlight what a defective product truly is, and show you some of the terms and stipulations that are required to be in place before a product can legally be considered defective. You will also learn more about the different types of defective product claims that exist, so let’s get straight to it.
First of all, a product is considered defective if it is commercially produced and distributed with a certain aim in mind, but is then considered unfit for its intended use, dangerous to use for its intended use, doesn’t provide you with the necessary instructions to use it safely and properly, or is inherently dangerous simply due to failure in its design or construction.
Ultimately, this means that a product can be considered defective for several different reasons, so it’s a good idea to understand these different aspects if you’re hoping to make a legal case.
Now, perhaps one of the most common types of defective product is due to manufacturing faults, such as damage that has occurred to a key operational part of the product. When it comes to legal cases, the vast majority of successful defective product claims come down to injuries being caused by a product that has been manufactured incorrectly.
As a result, serious injury can be caused, which is likely to enhance your ability to successfully make a claim. As an example, if you buy a motorbike that has defective brake pads, or no brakes fitted at all, then the product could be considered defective. As you’d expect, riding a motor vehicle in any capacity without brakes is very dangerous, and this could potentially be a claim depending on the surrounding circumstances.
Another form of defective product comes in the form of a defective design, in which the product is inherently flawed rather than missing a key component. As an example, if you were to purchase a pair of sunglasses that do not have the necessary eye protection even though they claim to do so, then this could be a potential claim for a faulty product that doesn’t live up to its previously advertised claims.
A somewhat rare yet nonetheless important form of defective product is the product that comes without adequate instructions which lead to dangerous use and possible injury.
A common example of this is in the medication industry, where you may find a certain cough syrup doesn’t come with the necessary labels that inform you how to safely consume the product nor inform you of things that you should avoid taking in combination with it.
At the end of the day, understanding what a defective product is doesn’t have to be too complicated, and once you understand the basic principles of why a product may be defective, you should have a good idea of how the laws surrounding the subject will work.
If you would like to learn more about this subject, please watch the following video: