DEFECT
defect,n. An imperfection or shortcoming, esp. in a part that is essential to the operation or
safety of a product. — defective,adj.[Cases: Products Liability 8. C.J.S. Products Liability §§
11–15.]
apparent defect.See patent defect.
design defect.An imperfection occurring when the seller or distributor could have reduced or
avoided a foreseeable risk of harm by adopting a reasonable alternative design, and when, as a
result of not using the alternative, the product or property is not reasonably safe. [Cases: Products
Liability 11. C.J.S. Products Liability §§ 19–21.]
fatal defect.A serious defect capable of nullifying a contract.
hidden defect.A product imperfection that is not discoverable by reasonable inspection and
for which a seller or lessor is generally liable if the flaw causes harm. • Upon discovering a hidden
defect, a purchaser may revoke a prior acceptance. UCC § 2-608(1)(b). — Also termed latent
defect; inherent defect. [Cases: Sales 119. C.J.S. Sales §§ 194, 199–202.]
latent defect.See hidden defect.
manufacturing defect.An imperfection in a product that departs from its intended design even
though all possible care was exercised in its assembly and marketing. [Cases: Products Liability
8. C.J.S. Products Liability §§ 11–15.]
marketing defect. 1. The failure to adequately warn of a potential risk of harm that is known D
or should have been known about a product or its foreseeable use. 2. The failure to adequately
instruct the user about how to use a product safely. [Cases: Products Liability 14. C.J.S. Products
Liability §§ 25–29.]
patent defect.A defect that is apparent to a normally observant person, esp. a buyer on a
reasonable inspection. — Also termed apparent defect.
product defect.An imperfection in a product that has a manufacturing defect or design defect,
or is faulty because of inadequate instructions or warnings. [Cases: Products Liability 8, 11, 14.
C.J.S. Products Liability §§ 11–15, 19–21, 25–29.] [Blacks Law 8th]