In order to recover for any injury caused by a product, the product must be proven to have been defective. Yet many product injuries are caused by defects that are not readily ascertainable. Does that mean you should reject the case or discontinue?
If the action is based on an express warranty or misrepresentation, it is generally not necessary to prove that the product was defective or unreasonably dangerous. Such a claim focuses on whether a product conforms to the manufacturer’s statements about the product rather than on whether or not the product is defective. UCC 2-313.
