Do You Have A Defective Product Lawsuit Claim? Here's What You Need To Know
If you spend your money on a product, probably the last thing you're worried about is being injured by it. You may worry about it not living up to expectations or maybe not working as advertised, but you likely don't have safety concerns. Unfortunately, problems do happen. And if you're injured by a product through no fault of your own, you may be eligible for compensation though a defective product lawsuit.
There are generally three different types of problems that are eligible for a defective product lawsuit. These include:
- Design defects: A design defect is a problem that has existed from the beginning, with the way a product was actually designed. If a company was aware of a potential risk and didn't take steps to prevent that risk, they could be liable for damages if someone is injured. An example of this would be if a power tool didn't have an automatic shutoff when the trigger was released, or an electric blanket that heats to such a high temperature that it injures someone.
- Manufacturing defects: A manufacturing defect is a particular problem that occurs during production. If a product's design is fine, but the actual construction is faulty, the company can be held responsible for damages. An example of this would be a medication that is tainted in the factory, a bicycle that has broken brake cables, or a children's toy with an improperly wired battery.
- Marketing defects: A marketing defect can mean two things. It can mean that a product is advertised as one way, and actually produced as another, or it can be what's known as "failure to warn." This mean that the product itself was fine, but that manuals, promotional materials or other documentation that came with the product didn't properly outline potential risks. For example, if a shower radio touts their newest offering as completely waterproof, and a consumer is electrocuted, the company can be held responsible. The risk of failure to warn is why you see warning labels on cigarettes now, and why a cup from a coffee shop warns you that the contents may be hot.
For all of these types of defects, you must be using the product in a recommended way. Obviously, if you're using a product outside the parameters of "normal use," there's a good chance you will not have a case.
If you do have a situation that falls under one of these scenarios though, you might have a case. If you do, you probably shouldn't try to handle it alone. Trust a personal injury attorney (such as Arrington Schelin & Munsey PC) with your case, and you're not only taking the stress off of yourself, but you're actually increasing your chances of a successful case. A professional attorney has likely seen cases just like yours before, and they know exactly how to make the process go as smoothly as possible.