Every day we hear news stories where a product is purchased, used in its intended way and yet still something bad happens. It’s a tragedy when a child’s bicycle helmet does not protect his head during an accident because of a product defect and the result is a traumatic brain injury. A traumatic brain injury occurs when a head receives a sudden and violent impact. In the United States, more than 1.7 million people suffer from traumatic brain injuries every year.
What defines and causes a defective product?
A defective product is one that can hurt you even when you use it the way it’s supposed to be used. It does not refer to a broken product. It means there is something wrong with the product.
Three situations may cause a product to be defective:
• Its design makes it dangerous and unfit for its normal, intended use.
• It has manufacturing defects that can cause harm when it is used in its normal, intended way.
• It does not have adequate instructions, which is considered a defect in marketing as a failure to warn a buyer about the potential dangers of the product.
How do I know the product I bought is defective?
If you buy a product that doesn’t work correctly, it may not have a defect. For a product to be considered defective and for a consumer to be able to pursue a defective product lawsuit, there needs to be harm incurred via negligence along the chain of manufacture. This includes design, makers of component parts, assemblage errors and insufficient instructions for use.
Let’s say you purchase a set of child safety locks for cabinets. After you attach the locks to your cabinet doors, you test them, the lock does not catch and the door remains unsecured. The good news is you’ve discovered the defect before your child has been injured. The bad news is, now you have a defective product. If your discovery of the lock’s defect comes after your child has pulled open the lock and been harmed through the ingestion of a cleaning product, you may have grounds for a defective product lawsuit.
Safety precautions for defective products that could be dangerous
If you think a product you have purchased is defective and could be dangerous, do not use it. Report it to the U.S. Consumer Product Safety Commission at SaferProducts.gov. A product that has caused injury or death should be reported. Collect as much information as you can about the product and its purchase. Organize receipts and the name, address and date of where the product was purchased. If you have witnesses to the injury, write down their statement. Photographs and video of the defective product and injuries incurred can be helpful if you pursue a lawsuit.
A lawyer for injuries resulting from a defective product
Defective products can range from cribs to household appliances to vehicle components such as seatbelts, airbags and even gas tank defects that lead to explosions. These defective products can cause serious injury or even death to unsuspecting consumers. Not all companies are the bad guys and will take responsibility for their defective product. However, many are not so nice. A lawyer may be able to help you regarding a defective product lawsuit regarding compensation for medical costs, lost wages and more.