Unavoidably Unsafe Products

Pronunciation: un-uh-VOID-uh-blee un-SAFE PROD-ukts

Torts › Products Liability

Definition

Products that cannot be made safer given current technology but have benefits outweighing risks. Not defective if properly prepared and accompanied by adequate warnings. Common examples: prescription drugs, vaccines. Comment k to Restatement protects from strict liability if risks disclosed and benefits justify marketing despite unavoidable risks.

Related terms

• Design Defect — Product designed in a way that makes it unreasonably dangerous even when manufactured as intended. Two tests: consumer…
• Failure to Warn — Product has inadequate instructions or warnings about non-obvious risks. Duty to warn of dangers not obvious to ordinary…
• Strict Products Liability — Liability without fault for harm caused by defective product. Seller engaged in business of selling such products liable…

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