Most consumer products are designed with safety in mind and attention to the manufacturing processes that are used to create them. Companies may spend considerable amounts of time reviewing and preparing warning statements and instructions to make sure that consumers know how to safely use their goods. When a Kentucky resident buys a new item from their favorite store, they may be confident that it will work correctly and that it won’t pose a risk to their safety.
However, some products, even when designed properly and manufactured correctly, will be dangerous. That is because they are considered unavoidably unsafe. In order for a product to be deemed unavoidably unsafe it must meet several criteria.
First and as noted, the product must be made in a safe manner. It may not be subject to manufacturing errors. Additionally, it must be marketed in such a way that its dangerous propensities are made known to those who may choose to purchase it.
Third, an unavoidably unsafe product must not have any safer alternatives on the market, and also its usefulness or utility must be greater than the threat of risk that it imposes on others. Only when these criteria are met may a product be deemed unavoidably unsafe.
Unavoidably unsafe products are generally not actionable and usually won’t serve as the basis for products liability claims. Readers should recognize that unavoidably unsafe products are the exception, however, and most products that cause injuries may be considered defective. Defective products can cause individuals serious personal injuries and may require them to seek the recovery of their losses in order to move their lives forward.