Using trusted products should make your life easier, not put you in harm’s way. Still, defective products remain a prevalent threat to consumers’ health and safety.
If a defective product leaves you with injuries, you can obtain compensation from manufacturers through a product liability claim. But what makes a product defective in the eyes of the law?
Types of defective products
Common injuries from a defective product include burns, lacerations, head injuries and internal injuries. These injuries could result from the following:
- Design defects: The product’s inherent design poses an unreasonable risk of harm, even if manufactured correctly, meaning the flaw exists in the product’s blueprint before production.
- Manufacturing defects: A problem arose during the manufacturing or assembly, rendering the product dangerous. This defect exists in the item you purchased, not the overall design.
- Marketing defects (failure to warn): The manufacturer did not give proper warnings or instructions about the product’s possible dangers, even though the design and manufacturing were correct.
In some cases, you can pursue a product liability claim if the product does not perform as advertised or expected. This usually falls under the category of breach of warranty.
Obtaining justice with legal guidance
When a manufacturer sells a product, they are responsible for making sure it is safe for consumers to use. This means you do not have to prove that they intentionally caused harm. Instead, you need to show that their product had a defect, that you used it as expected and that the defect caused your injuries.
With a product liability claim, you may recover damages to cover the costs of your health recovery and disruption in income if you cannot return to work due to injury. In extreme cases of negligence, victims can also recover punitive damages.
Gathering evidence about the defect, the manufacturing process or industry standards often requires legal experience. If you believe that a defective product led to your injuries, it is advisable to acquire the help of a product liability attorney. They can work tirelessly to hold the parties accountable for your pain while you focus on your recovery.