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When a dangerous product is unavoidably dangerous

When people buy products, they assume the products will be safe and free from defects. If they get sick or hurt by a product, they may then assume that they can file a product liability claim. However, just because a product is unsafe doesn't mean the manufacturer, distributor or seller is responsible for damages.

In some cases, a product is unavoidably unsafe. Essentially, this means that the product is dangerous by nature. But it is important to understand that in order to prove a product is unavoidably unsafe, several questions will be asked.

  1. Does the value of the product outweigh the risk? For instance, prescription drugs may be unavoidably unsafe if they effectively treat a condition, even if there is risk of harmful side effects to users.
  2. Was the product manufactured, designed and sold properly? If a dangerous product was designed to be effective, manufactured without defects and sold with the proper warnings, it could be unavoidably unsafe. Knives and certain cleaning products can be a good example of this, as long as they are effective, labeled properly and sold responsibly.
  3. Does the product serve as the only or best way to address a particular situation? A product may pose some risk to users, but if there really is no safer alternative available, it could be unavoidably unsafe.

If these arguments can be made, it can prove to be a very effective defense to product liability. However, as is the case with any of these types of claims, there are several legal standards that must be met. To learn more about this and other defenses to product liability claims, it can be crucial that you consult an attorney.

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