Analysis In The Recognizing Standard Of Product Defect

In different field of science the defect has different meanings, and in the tort law it refers to that the products exist unreasonable danger or the products cannot provide the anticipated security to some person. The personal and property damage of the consumers which are caused by variety of products is the common occurrence. So the function of the product liability law is also important day by day. In order to protect the consumers which are at the relative weak position, simultaneously to balance the producer and consumer's benefit, the law in defining the product liability adopts not to consider the negligence of the producer. Thus, whether a product has the defect becomes the best important part about the definition of the product liability. The product defect is the premise of the constitution of the product liability, also is important in the product liability law. If there is not defect in the product, the producer cannot be undertaken the product liability.This article obtaining from "the product defect", through the inspection about related definition of product defect of product liability law in American and some European country, simultaneously linking with the product defect and the correlation concept comparison, defines the scope of what the product and defect means. There are three kinds of theories about recognizing the product defect, namely the consumer expectations, the risk/utility balancing and the two-prong test. The content of this part is that the rationale of three kinds of theories and the question existed in the process of the product defect recognizing and its further development. Because there are different reasons in product defect formation, so the process of recognizing product defect involves the classification of the product defect as well as the recognizing method to the different type. The product defect specifically divides into the manufacture defect, the design defect and the warning and instructions. With different recognizing theories and cases as well as the overseas legal precedent this article interprets whether there are defects in the products. At the base of the above three parts, this article compares to the overseas legislation and the practice and analyzes the defect recognizing of products on related tort cases in our country at the present stage.