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What is a defective product?
A defective product is defined as one where the safety of the product is not such as persons generally are entitled to expect. This definition provides an objective test of defectiveness and refers neither to the particular injured person nor to the particular producer. A product will not be considered defective solely because it is of poor quality. A product will not be considered defective simply because a safer version is subsequently put on the market.
When deciding whether a product is defective, a court will take into account all the relevant circumstances including:
- the manner in which a product is marketed;
- any instructions or warnings that are given with it;
- what might reasonably be expected to be done with it;
- the time the producer supplied the product
The criteria of what might reasonably be expected to be done with a product, and consequently what instructions and warnings are given, are particularly important for producers and importers whose products are often misused.