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A product defect is any characteristic of a product which hinders its usability for the purpose for which it was designed and manufactured. Product defects arise most prominently in legal contexts regarding product safety, where the term is applied to "anything that renders the product not reasonably safe".
The CPA imposes strict liability on manufacturers, importers and retailers for injury or damage caused by a defective product. The claimant is not required to prove fault on the part of the defendant as long as they can prove that the product was defective and that the defect caused them to suffer injury or damage.
With regard to products liability, a defendant is liable when the plaintiff proves that the product is defective, regardless of the defendant's intent. It is irrelevant whether the manufacturer or supplier exercised great care; if there is a defect in the product that causes harm, he or she will be liable for it.
If you do find you've purchased a bad product, follow these steps to resolve the situation quickly.Stop Using the Product Immediately. The moment you realize a product is defective, stop using it.Check Your Receipts.Return Rejected Goods.Contact an Attorney.
If you do find you've purchased a bad product, follow these steps to resolve the situation quickly.Stop Using the Product Immediately. The moment you realize a product is defective, stop using it.Check Your Receipts.Return Rejected Goods.Contact an Attorney.
A product recall is the process of retrieving and replacing defective goods for consumers. When a company issues a recall, the company or manufacturer absorbs the cost of replacing and fixing defective products, and for reimbursing affected consumers when necessary.
While there are many standards and tests used to determine fault, the main thrust of product liability law indicates that manufacturers and sellers of products in the stream of commerce are liable for most cases in which their defective products cause injuries.
Under the consumer expectation standard, a product is defective if its danger is unknowable and unacceptable to an ordinary consumer.
Dangerous or otherwise defective products cause injury to countless numbers of consumers each year. If you purchase a product that simply does not perform as advertised, causing no actual injury, then you may be covered by a warranty or at the very least have the option of returning it for a refund or exchange.
Even though a retailer may not have manufactured or distributed a defective product, they can be held liable for any injuries or losses caused by a product they sold.