1. usefulness and desirability of the product;
2. availability of safer alternative products;
3. the dangers of the product that have been identified by time of trial;
4. likelihood and probable seriousness of injury;
5. obviousness of the danger;
6. normal public expectation of danger (especially for established products);
7. avoidability of injury by care in use of product (including role of instructions and warnings);
- 8. feasibility of eliminating the danger without seriously impairing the product's function or making it unduly expensive.
- A product is deemed to be defective in design or warnings if it fails to comply with applicable gov't safety standards. OTOH, a product's compliance with applicable gov't saftey standard is evidence, but not conclusive, that the product is not defective.