Products of all kinds sometimes fail the consumer by causing injuries due to negligence or oversight by the manufacturer. In turn, the consumer has rights to pursue a defective product claim against the manufacturer for the injuries they sustained. Read on to learn more about defective products and how to pursue a claim for injuries you’ve received.
Commonly Recalled Defective Items
Many items undergo recalls due to various reasons. Sometimes it’s a defect introduced by the manufacturing process, while other times the product was poorly designed. Some types of products get recalled on a regular basis as they’ve been deemed unsafe or have harmed users. Here are some of the more commonly recalled items.
Household appliances
Motor vehicle parts
Medical devices
Children’s products (clothing, furniture, nursery)
Processed food
These are the most commonly recalled products, and some have recalls that last for years as the defects become known. It’s worth noting that just about all products are at risk of a recall, but some are more likely to be recalled than others.
Getting injured by a product that was supposed to be safe for use is a betrayal of your trust. At no time did you expect to receive injuries from the product, and you can take legal action in response to the injuries you received.
How to File a Claim After Receiving Injuries From a Defective Item
A manufacturer may have issued a recall, there’s a class action lawsuit against a company, or you’re one of the few people that have been injured and need to be proactive. If the manufacturer is offering a settlement, don’t fill anything out or sign paperwork regarding a claim. Instead, you need to contact a defective product attorney for help.
The major reason for retaining a defective product attorney is to protect your rights and seek fair compensation for your injuries. An attorney has the requisite knowledge needed to evaluate the incident with the product, determine the severity of your injuries and pain and suffering, and submit a claim with the manufacturer and responsible parties.
A lawyer has your best interests in mind when they seek damages for a defective product. What that means is that they keep negotiating on your behalf until the manufacturer agrees to a settlement, or the case goes to court for judgment.
What are Your Rights During a Defective Product Claim?
You have the right to use a product without worrying about receiving injuries during its use. A manufacturer has to make its products safe for the user by avoiding defects in design and manufacturing, and including clear safety warnings to ensure safe operation. You, as a consumer, can sue under one or more of the following liability laws:
Negligence
Strict liability
Breach of warranty
A manufacturer that violates one of these liabilities is violating the consumer’s right to own a product that’s safe to use and be free from injury. If you’ve been injured by a defective product, your rights have been violated, and you should talk to a defective product attorney about your legal options.