What Is A Product Defect?
A product is defective if it is unreasonably dangerous.
A product is unreasonably dangerous if:
- It is in a condition not contemplated by the user; or
- It exposes the user to an unreasonable risk of harm when used for its intended purpose.
Determining whether a defect exists may involve balancing the product’s usefulness against its risk, or determining whether a safer design could have been used.
See Ethicon v. Parten, 520 S.W.2d 527 (14th Houston, Texas Court of Appeals 1975) (holding, in case arising from defective medical device-needle, that users, consumers, and bystanders all have standing to bring products liability personal injury lawsuits).