Every day, we rely on a multitude of products to enhance our comfort, efficiency, and enjoyment in our lives. However, there is a possibility of sustaining injuries from these very products. In fact, the National Safety Council reports that in 2022 alone, approximately 12.7 million individuals sought treatment in emergency departments due to injuries caused by consumer goods.
In these situations, you may have grounds for a product liability case. In spite of the numerous regulations and safety standards in place, defective products can still make their way into the hands of consumers. In this blog post, we will discuss the three main types of product liability and the steps to take if you’ve been injured.
What Is Product Liability?
Product liability refers to the legal responsibility that manufacturers, sellers, and distributors have for creating and selling safe products to consumers. If a defective product causes injury or harm, the party responsible for the product's flaws can be held accountable. This area of law exists to protect consumer rights and ensure that companies prioritize safety when designing, producing, and marketing their products.
The following are the three primary types of product defects that can lead to legal liability:
A design defect occurs when a product’s design is inherently dangerous or flawed, rendering it unsafe for its intended use. It is important to note that these defects exist before the product is even manufactured. In such cases, the entire line of products may be deemed dangerous and subject to legal action.
Design defect examples can include:
- SUVs that are prone to rollovers due to imbalance in their design
- Children's toys made with toxic materials
- Poorly designed furniture that cannot support weight
- Toasters that overheat and melt
Manufacturing defects occur when a product, although designed correctly, does not meet its design specifications during the manufacturing process. This could be due to using incorrect materials, substandard workmanship, or manufacturing equipment malfunctions. Such defects might affect only a portion of the products in a given batch.
Manufacturing defect examples can include:
- Pet kennels missing screws to properly hold them together
- Power tools assembled incorrectly
- Puzzle sets missing pieces
- Electronic devices that were put together incorrectly
Labeling defects, sometimes referred to as marketing defects, are related to a product's packaging, instructions, or safety warnings. These defects can occur when a product does not provide adequate information about its use, potential risks, or proper handling. If the information provided is misleading or insufficient, consumers might misuse the product and suffer injuries as a result.
Examples of labeling defects can include:
- Children's toys without choking hazard warnings
- Products missing flammable warning labels
- Product packaging, including false claims
- Furniture arriving with incorrect instructions
What to Do If You've Been Injured by a Defective Product
If you find yourself injured by a defective product, it's important to take a few necessary steps to better protect your rights and seek appropriate compensation.
Steps to take include:
- Seek medical treatment: It's important to see a medical professional to properly treat your injuries. In addition, this could also become important evidence for your case.
- Document details: Document the details of the incident, including any visible injuries and the circumstances surrounding the product's malfunction. This can be done by saving photos, storing the defective product if possible, and writing out everything that happened.
- Work with a defective product lawyer: Consult with an experienced product liability attorney to understand your legal options and have help as you navigate the complex legal process.
By following these steps, you can increase the likelihood of holding the responsible parties accountable and obtaining the compensation you rightfully deserve for your pain and suffering.
Injured by a Defective Product? Contact Us
If you or a loved one has been injured by a defective product, it is crucial to understand your legal rights and seek the help of a knowledgeable attorney. Product liability cases can be complex, requiring an understanding of the specific defects involved and a thorough analysis of the damages caused.
Do not hesitate to contact us, our experienced defective product lawyers at Belushin Law Firm, P.C. Our legal team can help you navigate the complexities of product liability law and seek the compensation you deserve. We offer free consultations to listen to your situation and determine if you are entitled to compensation.
Don't suffer alone. Contact our team today to learn more about how we can help you. Dial (888) 918-9890 or send us a message online to request a free consultation.