How is a product deemed defective in a strict products liability claim?

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In a strict products liability claim, a product is deemed defective based on the presence of a manufacturing defect, a design defect, or inadequate warnings. This means that the focus is on the product itself rather than the actions of the seller or manufacturer.

Manufacturing defects occur when a product does not conform to its intended design, resulting in a product that is unsafe or that poses a danger that the manufacturer did not intend. Design defects exist when the product is inherently unsafe regardless of how well it is manufactured. Inadequate warnings pertain to situations where a product lacks sufficient instructions or warnings regarding its use, potentially leading to harm when the product is used as intended.

The reasons provided in the other options do not relate to the safety or functionality of the product in a direct manner that would contribute to a strict liability claim. For example, having an unregistered trademark does not impact whether the product is defective in terms of safety. Likewise, improper advertising does not establish defectiveness, nor does the quantity sold, as a product can still be defectively designed or manufactured no matter the volume produced. Therefore, the correct answer provides a clear articulation of the standards that define product defectiveness under strict liability principles.

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