Buying something and realizing that it doesn’t work as state is a huge disappointment. But buying a fidget spinner that your child cannot get to function is vastly different from buying a slime making kit that causes massive chemical burns on your child’s hands. Ideally, all consumers must be protected from manufacturers that aim to take the money but deliver sub quality goods, such as defective handbag manufacturers.
Unfortunately, not all cases are made equal. It actually spans two spectrums with some purchases best left to be chalked up to an expensive lesson and the other end being truly faulty defective products prime for court litigation. Remember, however, all lawsuits will not always lead to manufacturing changes or financial compensation. It is important to gauge first and check against the parameters mentioned hereunder to see if filing a case has its merit:
What is a defective product?
A defective product is an imperfection, defect, flaw in a product or good. It can possess a manufacturing or production design flaw or it s faulty because of insufficient instructions and inadequate warnings. A product is said to be in a defective condition if it is immensely and unreasonably dangerous to the consumer who purchases the product. The end result of this purchase is detrimental to well being by causing physical harm.
Type of Injury
Before proceeding with the case, you have to determine the extent of the injuries you sustained. Getting a cut on the finger should not land you in court. However, if you sustain debilitating serious physical injuries that cause you extreme pain or lands you in the hospital, then you have justifiable cause to sue the manufacturer for damages.
Many manufacturers cover their tails by using warning labels and disclaimers to prevent consumers from filing product liability claims. A warning or a disclaimer can protect the company from some foreseeable disaster that can crop up with product usage. For example: a hair blower can warn the consumer that it reaches extremely high temperatures that can cause hair damage or burns when left too long. It also typically comes with a warning that states do not drop it in the tub of water to avoid electric shock. In these cases, the fair warning protects the product manufacturer.
However, there are instances when a company is not protected or covered by this liability waiver. For example: the product explodes within normal use and causes severe damage to the hands and skin will make the manufacturers answerable and liable for the product defect.
Disclaimers have the capacity to minimize liability for companies when it comes to product claims but it should not stop you from trying to seek compensation especially you have been severely injured. Do not write off a potential claim from product defects without consulting a legal professional for advice. Sometimes, providing these warnings, limited warranties, and disclaimers are not enough to deter an individual from suing for dangerous defective products.
Breach of Warranty
In some instances, there is no need for physical injuries to fortify a case, especially if there is a serious breach of warranty for the product. A breach of warranty has the capacity to strengthen or reinforce a defective product case. A breach of warrant has two kinds:
- Express warranty: these are written protections that come with some products. They provide standard replacement or repair services within a period of time. All of these are indicated in the warranty document.
- Implied warranty: Every product is required to pass a certain criteria in order to be called sellable in the market. If a product has made it to the shelf but is not of reasonable quality, unfit for use, and not packaged appropriately, then the seller may be liable resulting product issues and injuries that can happen with its use.
When you have used something you bought for its intended purpose and you followed product warnings and specifications, then know that it is not your fault if something untoward happens. If you seriously believe that you are suffering from a defective product, make the necessary steps to document evidence.
If injury has resulted, like burns in your hands, then do take pictures. Then, secure a medical certificate detailing the extent of the damage and what steps has been undertaken for your healing. Keep the product, all the documents, and packaging materials (if you still have it). Consult with an attorney who specializes in product defects and personal injury to determine if your case has merit.