Also known as: defective conditions · defect · product defect
Written by attorneys · grounded in primary & secondary sources — see below
An unreasonably dangerous state of a product that might cause physical harm beyond that contemplated by the ordinary user or consumer. The condition must exist when the product leaves the seller and reach the user without substantial change.
Dwight Dorsey shot a neighbor during a psychotic episode. The jury found that the shooting would not have occurred but for his mental disease. The court ordered acquittal because the offense resulted from the mental disease or defect under the Durham rule.
Diane Dawson contracted to buy land from Decker Electronics. A recorded lien from an unreleased judgment remained on the property at closing. Dawson refused to close and sued for rescission because the lien rendered title unmarketable.
Deanna Davenport moved to dismiss an indictment citing a defect in the grand jury proceeding. The court found the variance did not affect substantial rights. The motion was denied and the trial proceeded without reversal.
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Dolores Diaz sued Delta Dynamics after a machine guard failed and caused injury. Delta later added a better guard. The court excluded evidence of the change to prove a defect in the original design under Rule 407.
David Dawson bought a pressure cooker from Dixon Foods that exploded due to a manufacturing flaw. The cooker reached Dawson without change. Dixon is liable for the burns because the product was sold in a defective condition unreasonably dangerous to users.
Daphne Doyle removed a state contract case to federal court. The plaintiff moved to remand thirty-five days later citing a defect in the removal notice. The court denied the motion as untimely under the thirty-day limit.
The plaintiff must show the product was sold in an unreasonably dangerous state that caused physical harm. The condition must have existed when the product left the seller and reached the user without substantial change.
Evidence of later measures that would have made the harm less likely is inadmissible to prove a defect in the product or its design. The evidence may be admitted for other purposes such as proving feasibility of precautions if disputed.
A title defect such as an unreleased lien or break in the chain renders title unmarketable if a reasonably prudent purchaser would refuse it. The buyer may then refuse to close or seek rescission unless the contract provides otherwise.
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