Manufacturing defects, products involving insufficient warnings, design defects, and poor instructions are the leading causes of injury by a defective product. If you have been injured in situations like these, the law gives you the right to file a product liability claim against the manufacturer, retailer, and distributor for your injuries. Read on as we share with you the scenarios where getting legal aid would benefit you and help in pursuing a defective product injury claim.
Proving design defects are much harder when compared to manufacturing defects because you have to prove in front of the court that the design creates an imminent danger and results in injuries. In simple words, if you are injured when using the product as instructed, you can claim for injuries based on defective design. However, many products are dangerous when used inappropriately but this does not mean you can pursue a lawsuit. For example, claiming compensation for injuries due to an airbag opening in an accident from automobile manufacturers might not be fruitful as the life-saving capabilities of the airbag outweigh the injuries. Some examples of design defects can be kitchenware products with sharp blades that can injure hands during washing or a digital device that gets extremely hot during normal use. Getting legal aid will surely help as these cases are normally fought against big corporations so having a lawyer on your side will streamline the process.
The manufacturing process is always kept under strict monitoring to quickly identify and resolve any issues arising at the manufacturing line. However, inadequate vigilance, poor productivity, and lack of infrastructure can result in manufacturing defects that could remain unchecked. In a worst-case scenario, these products with manufacturing errors could end up in the consumer market and cause injuries due to their flaws. For example, a hairline crack on a tea kettle can result in a skin burn if used. Virtually every leading manufacturer always ensures that the products being dispatched from the manufacturing line comply with the set standards and don’t have any type of defect that could occur during production. However, sketchy manufacturers selling cheap products don’t follow the required SOPs and compromise the process of production that ultimately leads to an injury. Before you get legal help or pursue a lawsuit on your own, ensure that the product defect occurred during manufacturing and not by a third party. Any modification made to the original product or addition/removal of a component can compromise the lawsuit and make you lose your right to injury claims.
Losses Due to Injury
Injuries undoubtedly slow down your daily activities, increase medical expenses, and could affect your job. In scenarios like these, you are eligible to hold manufacturers responsible for your losses after using their product. Claiming compensation for your injuries is not just limited to kitchenware or products that we use every day. Industry experts emphasize the fact that defective products are not limited to everyday items that we use around our house. Defects can also occur in protective work gear, during the production of edible products, or in interventional surgical procedures. For example, if a person has undergone a hip replacement surgery and develops complications even after adequate care, it might be possible that the hip prosthesis placed could be of substandard material, making you eligible to file a lawsuit.
You might have seen caution signs on electric stoves informing you of the safety hazards that could occur if handled inappropriately. The manufacturer is obligated to include sufficient hazard or warning signs if there are chances of an injury. However, you might encounter some products that fail to comply with the set regulations and result in damages. For example, you have bought a fancy tea kettle that is shaped like a rooster. Normally, an individual would expect the steam valve to be somewhere around the head. If the manufacturer fails to put safety precautions in the instruction manual or does not include a warning sign near the steam valve, this poor practice can be challenged in court to claim for your loss. In cases like these, there are a lot of technicalities involved that can be handled adequately by an attorney or a lawyer dealing in product liability cases.
Most products nowadays have user manuals and special instructions included with the product so that anyone unfamiliar can use the products with ease. However, there is a possibility that the instructions included might not be written adequately which could mislead the user and increase the chances of injury. Before you get legal help or file a lawsuit, make sure that the instructions provided on the product were insufficient and could be improved to prevent the injury.
From the manufacturing process up till the distribution of products to the consumer market, negligence can occur which can cause a malfunction in the product or result in a defect. For example, the quality of the material could deteriorate if the quality control department fails to identify the changes. Fortunately, there are several rules and regulations guided by the law that ensure the products we use every day pass quality control tests, include appropriate instructions, and are safe to use around the intended environment.
However, third-party manufacturers that are based in another country might not have the same check and balance as in the United States. These products are usually purchased online and are directly shipped by the retailer, distributor, or in some cases, by the manufacturer. So before you purchase something directly from a sketchy online store shipping their product directly from Asia, remember that you might not be able to pursue a lawsuit in case of an injury. Still, big international corporations can be sued for the losses and injury claims but they will only be subject to the law of their respective country of operations.
All the reasons mentioned above would require you to find a seasoned lawyer or an attorney that deals with claims like these daily. Getting legal help is necessary as these lawsuits are complicated and would be dealt with adequately by a professional. We hope that you find the information we shared useful and help you to understand the basis of a defective product claim. Lastly, remember to research on your own when you are finding a lawyer and always pick the one that has a good track record for the best possible outcomes.