When is a product defective?
A product is defective if it is unreasonably
dangerous to consumers using the product in a reasonably anticipated
manner. Usually, a product can be defective, or unreasonably
dangerous, in one of three ways. First, a product may be unreasonably
dangerous because of the way it was designed. A design defect
generally occurs because the designers of the product failed
to take into account certain dangers associated with the product's
use. Second, a product may be unreasonably dangerous because
of some glitch or mistake in the manufacturing process itself.
Third, a product may be defective because of the way it is
marketed. This generally involves products that contain inadequate
warnings to let consumers know of dangers inherent in the
product or of the correct way to use the product so that injury
may be avoided.
Is the manufacturer responsible for my injuries?
If you have used the product in a manner
which was reasonably foreseeable to the manufacturer and if
you have been injured as a result of a defect in the product
which made the product unreasonably dangerous, the manufacturer
may be responsible for your damages. Also, even if you have
been somewhat negligent in your use of the product, the manufacturer
might still be liable if your use of the product was reasonably
foreseeable.
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