- The want or absence of some legal requisite; deficiency; imperfection; insufficiency. Galloway v. City of Winchester, 299 Ky. 87, 184 S.W.2d 890, 892, 893.The absence of something necessary for completeness or perfection; a deficiency in something essential to the proper use for the purpose for which a thing is to be used. Some structural weakness in part or component which is responsible for damage. Egan v. Washington General Ins. Corp., Fla.App., 240 So.2d 875, 877.In a strict liability action, may consist of a manufacturing flaw, a design defect, or an inadequate warning. Butler v. PPG Industries, Inc., 201 N.J.Super. 558, 493 A.2d 619, 621.See also apparent defects@ design defectA "design defect" occurs when product is manufactured in conformity with intended design but design itself poses unreasonable dangers to consumers. Thibault v. Sears, Roebuck & Co., 118 N.H. 802, 395 A.2d 843, 846.@ fatal defectOf such serious nature as to nullify contract.@@ patent defectIn sales of personal property, one which is plainly visible or which can be discovered by such an inspection as would be made in the exercise of ordinary care and prudence. U.C.C. No. 2-605(1).A patent defect in a legal description is one which cannot be corrected on its face, and a new description must be usedCompare latent defect+ patent defectOne which is apparent to buyer on normal observation@ defect in highway@ defect in street@ defect in highway or streetdefect in highway or streetOrdinarily anything in the condition of state of highway or street that renders it unreasonably safe for travel. Payne v. State Highway Commission, 136 Kan. 561, 16 P.2d 509, 511@
Black's law dictionary. HENRY CAMPBELL BLACK, M. A.. 1990.