defective products and law

A Guide to Defective Products and The Law

A defective product is an item with a design fault, manufacturing fault, or a lack of warnings that subsequently leads to injury or illness. Each year, a wide range of products fall under this category, such as medication, construction equipment, and even furniture you’ve bought for your home.

If something you’ve purchased or used has caused you or a loved one an injury, consider this information below before deciding what to do next.

The Category of the Defective Product

For an injury or illness resulting from a defective product, it’s always a good idea to contact a reputable personal injury law firm like Onder Law to share helpful advice on the best course of action. However, you may also see the value in finding out what category your specific product falls into.

Design Defect

A design defect refers to something during the design phase making the product not fit for purpose. No matter how well it was manufactured from the design, it would still have a flaw that might cause an injury.

An example of a design defect might be a stool with only two legs. No matter how strong those two legs were, it would not be a safe piece of furniture to put in your home.

Manufacturing Defect

If something you purchased was assembled incorrectly, it might have a manufacturing defect. This means it was put together wrong, and you were injured as a result. For example, your stool might have had three legs, but one of them was cut too short, leading to instability and possible injury.

Failure to Warn

Failure to warn means that the product was designed and manufactured correctly, but critical information was missing to help the consumer use it as it was intended. An example of this might be a ladder. Without instructions with or on the ladder, there is room for consumers to set it up wrong and gravely injure themselves in a fall.

Product Liability Claims You Can Make

When you have experienced an illness or injury resulting from a defective product, your chosen personal injury lawyer may talk to you about the type of claim you can file. There are three common options.

Warranty Breach

The product doesn’t work as it was supposed to, which violates the warranty.

Strict Liability

Typically, strict liability is a claim option for products and machines that can lead to severe injury or even death if they are defective.

Negligence

Your chosen lawyer may recommend a negligence claim. This claim involves proving that someone responsible for the product, such as the manufacturer, vendor, or seller, was negligent in the product’s creation, marketing, or sale.

Gathering Evidence

It can often be quite challenging to prove fault in such a case, so the more evidence you have, the stronger your case might be. Take photos of the product in question and the damage it caused.

Gathering medical records resulting from your injury or illness caused by the product and a receipt or proof of purchase may also help to strengthen your case.

Speak to a Lawyer

It can be tempting to reach out to a manufacturer or store to tell them about your injuries as soon as you’re in a position to do so, but most personal injury lawyers will recommend that you don’t. There’s a chance you may say the wrong thing and impact any claim you bring forward against them.

Instead, contact a reputable legal team that can offer a free consultation. Once they learn the facts of your case, they can begin looking into the manufacturer and their history. If they believe you have a strong case from their findings, they can enter into discussions with the company or manufacturer on your behalf, leaving you to focus on your health and recovery.

Being injured or made ill by a defective product can be frustrating, especially as you didn’t do anything wrong. However, you don’t have to suffer in silence. Reach out to a legal team who can help you understand your rights and fight for the compensation you deserve.

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