Defective Definition and Legal Meaning
On this page, you'll find the legal definition and meaning of Defective, written in plain English, along with examples of how it is used.
What is Defective?
adj. Having an imperfection that is so great that it cannot fulfill its function.
History and Meaning of Defective
The term "defective" refers to something having a fault, error, or flaw that prevents it from functioning properly or fulfilling its intended purpose. In legal contexts, the term is often used to describe products or goods that are flawed or dangerous and have caused harm to a person. The concept of a defective product is an important one in product liability law, which holds manufacturers, distributors, and sellers responsible for harm caused by products that are unsafe or not properly designed.
Examples of Defective
- A car with faulty brakes that cause an accident is considered defective.
- A toy that breaks and causes a child to choke is a defective product.
- A medicine that has dangerous side effects not listed on the label is considered defective.
- A piece of machinery that malfunctions and causes an injury is defective.
- A food product that is contaminated and causes illness is a defective product.
Legal Terms Similar to Defective
- Negligence: The failure to use reasonable care resulting in harm to another person.
- Strict liability: The legal doctrine holding manufacturers and sellers responsible for harm caused by defective products regardless of whether they were negligent.
- Breach of warranty: The failure to fulfill the terms of a promise or guarantee, such as a warranty for a product.
- Product liability: The area of law that deals with holding manufacturers and sellers responsible for harm caused by defective products.