Q: Under what circumstances is a product considered to be defective?
There are different types of defects and different theories. However, to answer you question based on negligence theory, the focus in negligence will be based on the defendant’s conduct.
This would include defects that are based on : a) Negligence design; b) Negligence manufacture; c) Negligence warnings, where a product label doesn't tell you what you need to know for your protection; and
d) Negligence inspections.
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