It’s bright, shiny, and everything you’ve wanted for a long time. Whatever your desired product purchase, you expect it to do as advertised and continue functioning correctly. Imagine your dismay when that costly product suddenly stops working correctly; worse, it causes you an injury because of the malfunction.
On closer investigation, you discover that the product didn’t malfunction and has a design flaw that causes it to become defective in each model. Stories of cars bursting into flames often hit the news, and an example of a defective car model is the Ford Kuga EcoBoost.
What Is a Defective Product?
According to the legal system in the US, a defective product has an inherent manufacturing or design flaw. The cause of legal implications is that such a product doesn’t come with adequate warnings or instructions.
Designers or manufacturers should ensure their products function as said and inform consumers of their dangers.
When a Defective Product Fails
So the product of your dreams failed, and perhaps you’re lucky and only end up with an appliance that doesn’t work. However, you may be very unlucky, and the product defect leads to a significant flaw that causes serious injury, such as a microwave that explodes in your home, causing a fire.
Other examples of a defective product failure are:
- A car shampoo that strips off your brand-new paint job, causing damage.
- A dog collar that strangles your dog despite the fact you have taken every care to follow the manufacturer’s guide.
- A face cream that causes severe rashes without the product having a warning or disclaimer.
- An earphone set that damages the wearer’s hearing due to the design overheating.
- The air conditioning unit in your apartment causes a fire because of faulty wiring in the machine.
What Can You Do If a Product Is Defective?
In most cases, where a product is defective, if the defect is detected without you having suffered severe harm or financial loss, you would request a refund from the manufacturer or the store that supplied the product. But when the product caused severe bodily injury or led to serious mental stress (such as your Ford Kuga bursting into flames), you would want to receive financial compensation for the harm and stress.
This is when you would want to seek legal representation to help you file a civil action against the manufacturer. A simple online search for “defective product attorney near me” will likely give you several legal experts specializing in defective product civil cases. However, it would help if you did your homework before you lay out the cost of signing a lawyer.
Getting Prepared for a Defective Product Legal Battle
You need to get all the evidence you can for the lawyer. Start with this checklist:
- Document the defective product with videos, photos, and keep the product (including any parts that burned or become dislodged).
- File a police report, keeping the case number.
- Document any physical harm such as burns, cuts, bruises, etc.
- Get a doctor’s report on your injuries.
- Write summaries of what happened, including the names of any witnesses who may have seen the product malfunction.
- Find out if others in your community have also suffered a similar product malfunction with the same product as you could consider filing a joint civil action.
Remember that the manufacturer should test their product extensively to ensure consumers are safe using this product, which is why you have to right to sue for damages when a product malfunctions.
In conclusion, when faced with a defective product that has caused harm or significant damage, seeking the expertise of a defective product attorney becomes crucial. A defective product, characterized by inherent manufacturing or design flaws and inadequate warnings or instructions, can result in severe injuries, financial losses, and mental stress. While minor defects might warrant a refund from the manufacturer or store, cases involving substantial harm demand legal action.
Instances of defective product failures vary widely, from cosmetic damage caused by faulty car shampoos to life-threatening incidents like fires resulting from malfunctioning appliances. The key lies in the responsibility of designers and manufacturers to ensure their products function as intended and do not pose unnecessary risks to consumers.