Unfair and Deceptive Acts and Practices: 11.4.2.8.5 Where product has defects but has not yet failed
Payment for repairs to prevent a defect from causing a malfunction satisfies an injury requirement.388 In addition, some courts recognize ascertainable loss where a product has defective parts that reduce its value, even if those parts have not yet failed.389 The plaintiff should be prepared to present expert or lay testimony that the defect caused an actual reduction in the product’s resale value.390 If a product such as a medication has undisclos