Product liability comes under the law, where manufacturers, designers, or sellers have the responsibility for the safety and security of their consumers or buyers. Suppliers or sellers can be held responsible for selling consumers defective and dangerously damaged products.
If someone receives injuries due to a defective product provided by the seller, the law will have the seller accountable for putting their consumers in danger. It is a way to ensure the quality of products and services for the safety of consumers.
A personal injury attorney can help you file a product liability if you are facing damages after using a defective product. Your attorney will help you understand this law to protect your rights while claiming a product liability.
Defective Consumer Products
Defective or unsafely manufactured products can be of several types. It involves our regularly used tools and equipment. They can be heavy electronics, vehicles, and even the toys of children. For instance, a child can get himself into danger by ingesting a small part of his detachable toy.
It can lead to severe choking and bleeding situations. Household appliances, like microwaves, toasters, washing machines, dishwashers, etc., can overheat and cause serious issues. Using defective appliances like washing machines and dishwashers can give severe electric shocks, which can lead to death.
Other poorly manufactured electric devices like mobile phones, televisions, and laptops can burst into flames. These kinds of accidents leave victims with serious skin burns and hearing or vision impairments. Defective vehicles also pose a great threat to the safety of passengers.
Poorly designed airbags or breaks can be fatal and can cause serious injuries and deaths. Improper dosage of medicines set by the manufacturer can also lead to severe health problems. These products can be dangerous and fatal and lead to product liability cases.
What Are the Legal Standards?
There are standard legal rules to follow while manufacturing a product or service. After manufacturing, there should be proper legal testing of the product to see if the product is useable and safe. It is the responsibility of manufacturers and designers to put the safety of consumers first.
There are three major defects that are categorized: manufacturing defects, warning defects, and design defects. Design defects include errors and flaws during the design and planning of a product. Next is the manufacturing defect; it occurs during the manufacturing of the products.
If a product is perfectly planned and designed but has a flaw left in its manufacturing, that’s what a manufacturing defect is. Lastly, we have warning defects, which are related to the lack of warning and safety instructions while selling them to the consumers for use.
A manufacturer or seller can get into trouble for selling products with any of these defects. If a consumer gets injured while using a defective product, the victim can file a product liability claim against the manufacturer to recover damages.
How to Prove A Defect in A Product?
It is crucial to prove a defect if an injured consumer wants to file a claim for compensation. If you got injured while using a defective product, it should be your first priority to prove the defect so that you can file a successful claim against the negligent manufacturers.
It all comes down to saving and documenting evidence. You can take clear photos and videos of the damaged product for visual proof. You can also take pictures of instruction manuals if it is a warning defect to showcase a flaw in the manual.
Also, save your purchase receipts to prove your ownership. Also, document the time and date of purchase. Your medical records will prove your medical condition was caused by using the defective product.
Don’t forget to document or record witness statements if there is a witness who saw the accident. Saving and documenting this evidence will help you and your lawyer prove the manufacturer’s negligence.
Legal Process of Filing A Product Liability
There are several steps that you can follow if you want to file a claim. The first step is to collect and save the evidence. After gathering the evidence, it’s time to draft a formal complaint stating all the defects of a product and what type of harm it caused you as a consumer.
You are required to file the complaint with the appropriate court, and you must also send a copy of that complaint to the manufacturer. The next step is the exchange of information between both parties. This step will conclude with a final discovery or conclusion.
This step is to seek a just settlement, but if the settlement is not reached, then the case will proceed to court trials. And the court means the judge and jury will come up with a final decision.
If you are facing negative consequences of a defective product, consider filing a claim to get the deserving compensation for your loss. Your liability claim attorney will help you with the complex legal process to ensure a fair settlement.