Most of us have heard discussions about “dangerous” or “defective” products. But, what is it that makes a product defective under product liability law, and when can a consumer take legal action?
Even though each case is different, this article provides useful information that throws light on this important topic. To be considered defective, products should fall under the following categories:
The Product Does Not Fulfill Its Intended Purpose
For example, a helmet that falls apart upon slight impact is unfit for its intended use. In this case, a product liability lawyer can help you hold the helmet manufacturer liable for selling a defective product.
The Product Has No Warning Labels to Caution Consumers of Possible Risks
For example, children’s toys with small or loose parts should be clearly labeled to warn parents about choking hazards. Moreover, products intended for children of certain ages should be labeled properly to avoid confusion and similar hazards.
The Product Is Inherently Dangerous Due To Design, Assembly, or Manufacturing Defects
For example, an airbag that contains a design or manufacturing defect may fail to inflate upon impact or may inflate out of the blue. A defective airbag can cause a driver to crash, fail to protect the driver, and increase the risk of injury.
The Product Does Not Include Proper Instructions for Use
A shelf that has incorrect assembly instructions would fall under this category. An improperly assembled shelf can collapse under the weight of items and injure anyone that is around that area.
What Products Tend To Be Defective?
The most defective products include:
- Food: Contaminated food is classified as a defective product. If you suffer food poisoning, a product liability lawyer can help you hold the parties involved in the chain of distribution liable.
- Appliances: Household appliances can have dangerous defects. Common culprits include kitchen ranges, water heaters, clothes dryers, and hair dryers.
If an appliance caused you harm, a product liability lawyer could help you hold the company from which you bought your appliance accountable and help you pursue compensation.
- Prescription Drugs: Even though prescription drugs undergo rigorous testing before they enter the market, some side effects are only discovered after patients start taking the medication.
If you took a prescription drug that caused adverse side effects, a product liability lawyer could help you seek compensation for medical expenses.
Talk To a Product Liability Lawyer
When a defective product causes injury, talk to a product liability lawyer, who can help you seek financial compensation for lost wages, medical expenses, or emotional trauma.
Author bio- Barbara Parson has been involved with personal injury and burn injury lawsuits for the past twelve years and wants to share her knowledge with others.