There are times when products are unreasonably dangerous or sold in such a condition to make them defective. In these instances the seller or manufacturer may be liable without fault. This means that even if the seller or manufacturer is careful in making the product or selling the product to you the seller or manufacturer may still be sued because the product itself is the problem no matter what steps the seller or manufacturer took to make it safe.
- For example, you buy an above ground pool with a floor that is too slippery and you fall and break your neck. Even though there is nothing “wrong” with the pool, the fact that the manufacturer made the floor of the pool the way the manufacturer did, makes it unreasonably dangerous.
There may be exceptions to this rule and as such you should check with an attorney before proceeding further.
What is “defective” and “unreasonably dangerous”?
If the ordinary person thought that the product was too dangerous based on his or her knowledge about the product and how it should perform, then it is thought to be defective and unreasonably dangerous. This test, however, comes out differently based on the circumstances and the product so you should speak to an attorney before proceeding further. If the ordinary person can obviously tell that something is dangerous, then it is not seen as defective and unreasonably dangerous.