What is a ‘defective’ and ‘unreasonably dangerous’ product? Courts dealing with such a question will generally consider:
• the usefulness and desirability of such product;
• the availability of other and safer products to satisfy the same need;
• the likelihood of injury and its probable seriousness;
• the obviousness of the danger;
• if the injury can be avoided by taking care in the use of the product (including the impact of warnings and instructions); and
• the ability to prevent the danger without seriously impacting the usefulness of the product or making it unduly expensive.
If you have defective product claim, consult an experienced Athens, GA defective product attorney. Courts recognize that few products, such as pharmaceuticals, cannot be made totally safe but however are very useful to society. In such cases, the seller may be relieved of strict liability if the seller prepared and sold the product rightly and adequately warned consumer regarding the dangers connected with the product.
When a product could reasonably have been designed with a greater degree of safety, a correct warning will not necessarily convert the unreasonably dangerous product into a safe, non-defective one. An appropriate warning however, may convert some dangerous products, that may be defective in the absence of a warning, into reasonably safe products. To be effective, the warning must be thorough and conspicuous and it should warn the consumer of the extent of the risk associated with failing to abide by the product’s warning instructions.
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