Consumers rely on a myriad of products in their daily lives, from smartphones to kitchen appliances and everything in between. While most of these products function as intended and provide value to consumers, there are instances where products are found to be defective.
Defective products can pose dangers to consumers, ranging from minor inconveniences to life-threatening situations. When such situations arise, understanding what constitutes a defective product and how to sue for liability becomes crucial.
Identifying a defective product
A defective product can be broadly defined as any item that fails to meet the reasonable expectations of a consumer due to flaws in design, manufacturing or labeling. These flaws can manifest as manufacturing defects during production and affect individual products or an entire batch. These defects are unintended deviations from the product’s intended design. Examples include a car with a faulty brake system or a can of food contaminated during packaging.
Design defects, on the other hand, stem from inherent flaws in the product’s design, making it dangerous or inadequate for its intended use. A common example is a children’s toy with small parts that pose choking hazards.
There are also marketing and labeling defects that involve inadequate or misleading instructions, warnings or labeling. For instance, a medication label failing to warn against potential side effects could lead to a product liability claim.
How to address being injured by a defective product
Health should be your top priority when you or a family member gets harmed by a defective product. Seek immediate medical attention for the injuries; hospital records can serve as vital evidence in a product liability case.
Your legal team should also preserve the defective product and any packaging, instructions or warnings that came with it. Document the scene of the incident with photographic evidence if possible; this way, your team can have sufficient evidence to file a lawsuit against the responsible party, which may include the manufacturer, distributor or retailer.
Navigating the complexities of a defective product lawsuit can be challenging, but with the right information and legal representation, you can seek justice and compensation for your injuries.