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Defective Products Lawyer


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A product is defective when it does not provide the safety which persons are entitled to expect, taking into account all the circumstances. 'Defective' is therefore limited to the safety of the product. Warnings and instructions accompanying the product are relevant to the meaning of defective. Unmerchantable products or those unfit for their purpose, but otherwise safe, are not within the definition, and remedies will have to be sought under the law of contract. Safety is in terms of consumer expectations. The test is objective i.e., what persons generally are entitled to expect, rather than the individual who has particular sensitivities.

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Steven J. Williams, P.C.
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