Concept of the term defect
A "defect" does not mean mere lack of quality of the product, but means lack of safety in the product which may cause the injury to life, body, or property. In the law, the term "defect" is defined as "lack of safety that the product ordinarily should provide," taking into account "the nature of the product", "the ordinarily foreseeable manner of use of the product", "the time when the manufacturer, etc. delivered the product", and other circumstances concerning the product. These three above-mentioned circumstances include such respective factors, as are presented below. In the actual trial, while the weight of each factor is different depending on individual cases, these factors are comprehensively taken into account in judging whether the product is defective or not.
Meaning of "the nature of the product" This means the circumstances of the product itself, including factors such as the following: representation of the product (instructions, warnings, etc. to prevent accidents) effectiveness and usefulness of the product (compared to its danger) cost vs. effect (the safety standard of products in the same price range) probability of occurrence of accident and its extent ordinary use period and durable period of the product Meaning of "the ordinarily foreseeable manner of use of the product" This means the circumstances concerning use of the product, including factors such as the following reasonably foreseeable use of the product possibility of preventing damage from occurring by the product user Meaning of "the time when the manufacturer, etc. delivered the product" This means the circumstances when the manufacturer, etc. delivered the product, including factors such as the following: situation at the time the product was delivered (the safety level required in society at the time the product was delivered) technological capabilities(the prior state of safety regulations and possibility of alternative design).
Concept of the term defect
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