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Forum
Started Dec 30 2012, 03:56
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Dec 30 2012, 03:56
A product is defective if it does not provide the level of safety that the community generally is entitled to expect. The level of safety will vary from case to case and it is ultimately for the court to determine whether a product is defective. However, there are various factors the court will take into account when making its determination, including:
• how and why the product has been marketed;
• its packaging;
• the use of any mark in relation to it;
• instructions for, or warnings about, doing or refraining from doing anything with or in relation to the product;
• what might reasonably be expected to be done with it;
• the time when it was supplied.
Products that are older and subject to more use would not necessarily be expected to be as safe as brand new ones. Similarly, products would not necessarily be defective simply because the safety of later models had been improved.
ID#43405
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