A defective product may be defined as any product where the safety of the product is not such as persons of normal prudence may generally expect in normal situations. Thus there is an objective test of failure and refers neither to the injured person nor to the producer. A product is not considered to be imperfect just because of the fact that it is of poor quality. Similarly, a product will not be regarded defective simply because a safer version is available in the market.
To decide whether a product is defective, a court will consider all the pertinent and related circumstances involving the method in which a product is marketed, any instructions or warnings that are attached with it, what can normally be expected to be done with it along with the time the producer supplied the product.
A person can take legal action for compensation for death as well as personal injury.
It can be mentioned here that there is no financial limit on a producer’s total liability.
The plaintiff in a case must be able to show that the defect in the product caused the damage.
