What Should You Do If a Defective Product Injures You?
A defective product is a product that fails to work as safely as it should. Such products fail to meet an express or implied warranty, and there is a high chance of the defect causing an injury.
However, the defect was in the manufacturing process and should have been avoided. So, it was negligence on the manufacturer’s part, which is why you can claim if a defective product injures you.
Different Types of Product Defects
The different types of defects that can happen to a product are:
- Design Defects – A product can be inherently unsafe when adequately manufactured due to its design flaws.
- Manufacturing Defects – A product not manufactured to its proper design specifications is dangerous. It has a potential for injury which the manufacturer or the product user did not anticipate.
- Failure to Warn Defect – Missing or inadequate warnings, instructions, and safety information on the product can prevent a foreseeable risk of injury.
How to Report an Injury from a Defective Product?
There are a few things you can do to report any injury from a defective product. They are:
- Reporting to the manufacturer or seller of a defective product
- Writing directly to the Consumer Product Safety Commission (CPSC) for products that are not easily identifiable
- Holding the store liable for damages if a defective product injures you or causes damage to your home. Examples are a mounted television falling on you
What Are the Possible Defenses to a Product Liability Case?
Of course, just because you make a report doesn’t mean winning your product liability lawsuit. The defendant will produce some defenses to the product liability case to prove their innocence. So, some of the possible defenses include:
- The victim was injured using the product for unintended use or purpose (e.g., driving off-road in a vehicle designed for road use).
- The victim failed to maintain, repair, and inspect the product appropriately.
- Misused or altered the product in a way that caused the injury.
- The victim did not comply with all instructions and warnings for the product listed d in the instruction manual.
What Are Your Legal Rights If a Defective Product Has Injured You?
It is wise to consult an attorney if you have suffered injuries due to using a defective product. A personal injury attorney in Burbank can evaluate your specific case and advise you of all legal rights and remedies available.
So, they will help you recover compensation for:
- Medical costs (e.g., emergency room visits, doctor visits, hospitalizations, nursing care, physical therapy, and medication)
- Emotional distress (e.g., anxiety, depression)
- Lost wages (if unable to work for some time due to the injuries)
- Physical impairment or disfigurement
- The accidental death of a family member if you can prove that the defective product was the cause of death.
What Are California’s Product Liability Laws?
In 1964, California passed two new laws that protect consumers against unsafe products.
- The “Unfair Competition Law” makes it illegal for merchants to engage in unfair business practices (such as misrepresenting the qualities or dangers). It also gives injured consumers the legal right to take action against these businesses.
- The “Product Liability Act,” gives consumers the right to sue:
- A company for selling them a defective and unreasonably dangerous product
- Sellers of a product with an express or implied warranty that they will be free from defects.
So, the sale of any product in a defective condition unreasonably dangerous to any person is unlawful and constitutes misrepresentation.
Don’t waste time if a defective project injures you.
Consult your Burbank personal injury lawyer to learn how these laws will help you and make a claim.