Failure to Warn

When is a Defective Product not Defective?

How can a defective product not be defective? Read on!


Substantial Change in Condition or Subsequent Alteration by Affirmative Conduct

According to section PJC 70.5 of Products of Liability – Theories of Recovery, a product is not in a defective condition, thus not unreasonably dangerous when sold, if the unreasonably dangerous condition is solely caused by a substantial change or alteration of the product after it is sold, and but for which unreasonably dangerous condition the event would not have occurred. “Substantial change or alteration” means that the configuration of operational characteristics of the product are changed or altered by affirmative conduct of some person in a manner that the defendant could not have reasonably foreseen would occur in the intended or foreseeable use of the product. Substantial change or alteration does not include reasonably foreseeable wear and tear or deterioration.