Can you sue for a defective product?
There is no such thing as perfect manufacturing, and because of this, there will always be a risk for a defective product. One of the actions that are usually done by the store or the company to appease its customers is to replace the defective product, such as a defective handbag, glass bong, or waist trainer, for free. But what if the defective product managed to damage the customer or the people around? Will he or she be able to file a claim for damages?
The Requirement For Defective Product Liability
You can file a claim for damages which you or your family acquired from using a defective product. However, you should also know when to file the claims and who will be the to be liable for it. There are only two general requirements in order for a customer to file a claim.
* The Product Becomes Unreasonably Dangerous Because Of The Defect
A plaintiff can only claim for a defective product liability when the defect in the product is the one that caused the injury. For example, if a doll has a defective arm, it is still not considered as a dangerous product. However, a car with a defective break is another story.
* The Product Caused An Injury
A defective product liability claim will be in action if the defective product caused an injury to a foreseeable user of the product. For example, if you buy a defective car without knowing its defect and you sustained injuries because of the defect acting up, you can claim the manufacturer or the seller, depending on the type f product defect.
Three Types Of Product Defect
1. Manufacturing Defect
A manufacturing defect happens when the defect is caused by an operation in the manufacturing site. The defect is a manufacturing defect when the error that caused it was done in the manufacturing site. Possible reasons for a manufacturing defect lax quality control or an honest error in the manufacturer’s site. An example of a manufacturing defect is a batch of cough syrup that is contaminated with a poisonous substance or a brand new laptop that will not turn on.
2. Design Defect
Design Defect happens when the defect is from the product’s design. So even if the manufacturing team produces the product perfectly, if the defect is in the design, these products can still be dangerous. Ane example of a design defect is when a laptop’s chassis failed to cool down the unit because of design inefficiencies.
3. Labeling Defect
In a labeling defect, the product can work perfectly but is deemed dangerous because of the problem in labeling. For example, if a very dangerous chemical doesn’t have proper handling instruction or safety labeling, and it caused an injury, the victim can claim for liabilities.
Can You Recover Damages From A Personal Injury?
One of the greatest factors in Defective Product Liability claims is the factor of negligence. The customer cannot claim a defective product liability against the manufacturer or the seller if he or she neglected and failed to use the product right. For example, if you failed to follow the instruction or proper handling of the product and in return, this injures you, you might not be able to to get recovery damages even though the product is actually defective.
If the neglect is in the part of the manufacturer, retailer, or distributor, the neglect must be proven first. After being proven, the plaintiff must have suffered in a legally compensable injury. Personal injury cases would fetch higher recovery damages due to the suffering and pain factor. However, if the damage is financial in nature, the plaintiff cannot sue for suffering and pain.