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How can you protect yourself from a defective product?

On Behalf of | Jul 31, 2024 | Product Liability

Every day, you rely on numerous products to keep you safe as you go about your daily tasks. From the car you drive to work to the appliances in your kitchen, these items form an essential part of your life. But what happens when a product fails, causing injuries or damage?

This is where product liability claims come into play. These legal actions can arise from various products, including pharmaceuticals, medical devices and everyday household items. If a defective product has injured you, you have the right to seek compensation for your damages. But how do typical liability claims arise?

Defective design

A defective design claim occurs when a product’s inherent design is flawed, making it unsafe for its intended use. Because the failings are in the product’s fundamental design, this type of defect affects all products in a particular line, not just a single item. Think of an electric car with a battery design that makes it prone to spontaneous combustion, regardless of how meticulously the manufacturer assembled it.

Manufacturing defects

Unlike design defects, manufacturing defects impact a limited number of products rather than an entire line. Such issues can stem from the use of substandard materials or improper assembly. Imagine taking an over-the-counter pain medication, only to discover later that it is contaminated.

Breach of warranty

Manufacturers typically provide warranties to give consumers confidence in their products’ quality. When you purchase an appliance, you expect it to last for a reasonable amount of time. However, if the appliance breaks down prematurely, you may have a valid claim for breach of warranty.

Failure to warn

Consider a scenario where you are using a product regularly only to discover later that it poses a risk to your health or safety. This scenario is all too common in product liability claims, where manufacturers neglect to provide consumers with adequate safety information. If a manufacturer fails to provide this critical information, they can face liabilities for any resulting harm.

Product liability claims are crucial in protecting consumers and enhancing product safety. By understanding these common claims, you empower yourself to make well-informed decisions and identify potential risks lurking in today’s marketplace.