Defective products can be life-threatening. The painful part is that you take your hard-earned money to buy such products with the aim of enhancing your life or to serve a purpose. You have the right to authentic items and when that is trampled upon, you should ask questions.
Annually, a number of people fall victims of defective products. They end up with different types of injuries from dangerous products otherwise known as defective. There are laws guiding this situation. In the simplest form, you have the right to demand a refund after returning a product that doesn’t meet the performance the producer says it will perform. Commonly, you are covered by a form of warranty and it is usually advertised by the manufacturer. This is another topic on its own returning products and what is in a warranty.
When you suffer an injury as a result of using such a product, you may present a claim for personal injury. A personal injury claim is a wide topic and you will need to sit down with your personal injury lawyer and listen to them in-depth to fully understand it. For instance, this article is about personal injury claims and your right as regard to defective products. At any point, when you are confused, your lawyer is in the best person to explain things to you. See this article as a good step to understanding your consumer right about recalled or defective products that cause injury.
The Types of Claims Relating to Product Defect
There are different kinds of claims under product defects. They are classified into three categories;
- Manufacturer’s defect
- Design defects
- Defects in instruction or warnings
Now seeking legal remedies come in different processes with each type of claim. A better understanding of each and what the processes look like will help stay guided and be on the lookout. Below are different types of product defects and examples of what each defect can apply to:
Defects in Design: A manufacturer of bicycles says that the bicycle has brakes but the designed brake cables are fragile. The cables are bound to break apart when a cyclist applies the brake systems when on a normal ride.
Defects in Manufacturing: The manufacturer of cars makes a deformed accelerator in their car as a result of mistakes during production. The accelerators would stick and probably cause an accident that could lead to death or injuries.
Defects in Warnings: The instruction or warning on a product must be adequate to ensure that the user knows what to expect. For example, a certain heater must have an adequate warning when used in space as it is likely to overheats and cause a fire hazard if it is turned on for more than 12 hours.
Defective Products and Legal Remedies
There are many remedies for the use of defective products under the law. Once you can specify the situation, you will know what remedies to seek and how to go about it. There are two major legal theories relating to cases of defective products which are strict liability and negligence.
The plaintiff must be able to show some proof in order to collect or claim for damages that were done. They also must be able to show that the liable defendant, which could be the manufacturer of a product or its retailer, has breached their duty which they owed the plaintiff. They should prove further that such breach has led to injury and they, the plaintiff, suffered real damages or injuries at the end. To illustrate, if a motorcycle was not tested accurately and during use, it lost a wheel, it would then cause injury to the one riding. In this case, the plaintiff can demand a monetary award in compensation for the damages. It will require the plaintiff proving the case and that truly the incident and damages were at the fault of the poorly tested motorcycle.
The manufacturers or producers are ‘strictly’ liable for defective products and the defects which occur while the product is being manufactured irrespective of the producer’s level of care. To simply put it, the plaintiff would need to prove to the court of law that it was truly negligence. If they can successfully prove it, then he or she could win in a lawsuit that may be put against the manufacturer. This will be classified as compensation for injuries that result from using the defective or dangerous product. The important thing in this kind of claim is that the injury or injuries must be a result of a manufacturing error.
One other situation involves the assertion of a person’s warranty rights, either expressed or implied, and there is also the theory of tortious misrepresentation. These are terms that would be expressively discussed by an attorney.
Dangerous Products: Cigarettes and Cribs as an Example
There are particular laws and situations attached to the use of cigarettes and cribs, or claims relating to some drugs and products. Below are some examples of them:
- Toxic chemicals and materials
- Vehicle recalls and defects
- Defective Medical Devices
- Dangerous foods
- Dangerous drugs
- Dangerous consumer products
There is also important information at Recalls.gov provided by the US government.
How to Get Help After Being Injured From Dangerous of Defective Products
When you have been a victim of defective products, the next point of action is meeting a personal injury lawyer to find out what kind of legal remedies are available. Remember, you have the right to enjoy the benefits of a product, but when such products harm you instead as a result of a manufacturing error, design defect or defect in instruction, you can and you should always demand compensation. An attorney will help you get the compensation you deserve.
Check out one of our recent blogs: Can You File A Personal Injury Mental Claim if Your Mental Health is Affected From An accident?