Product liability law: Can you sue because of a defective product?
In 2007, Samsung released the Note 7 device. Unfortunately, that device was plagued with serious problems which caused explosions and injured some users. This forced the company to issue a global recall of the device, while injured parties were compensated for their trouble.
When you buy a product, you automatically go into an agreement with the manufacturers. This agreement implies that their products are safe for use and will not cause any form of harm.
But, when you buy and get a defective product that causes harm, the company can be held liable if it’s proven that their defective product actually caused the injury. When this happens, getting compensation should be your priority.
The good thing is the law is in support of you getting the necessary compensation. But, you need to be in the right too. Let’s explore what the law says about this.
What Is a Defective Product?
This is any product that doesn’t fulfill the purpose for which it was bought. These products typically malfunction while in use. However, if it causes physical, emotional or psychological harm while malfunctioning, these products are considered very dangerous.
Consumers who are hurt by defective products are free to sue for damages and compensation. When this happens, the manufacturer becomes liable. Defective product laws vary in each state, and lawsuits may vary.
There are various types of product defects that can adversely affect the user. These are design, manufacturing and marketing defects. All three vary in their severity.
Design defects imply a defect that was there even before the product was manufactured. A manufacturing defect occurs when the product is made and before it goes to the market.
This is the most common type of defect. Marketing defects imply that there’s a flaw in the product information, details or labeling. A common example of the latter is a drug whose major side effect is intentionally or unintentionally left out of the booklet, manual or leaflet.
Defective Product Liability Claims
Seeking compensation can be quite tricky if you don’t know what to do. When you suffer an injury, knowing who to sue and processes involved is very important.
And the best way to do this is to talk to a personal injury attorney or one that specializes in defective product liability. They’ll help ascertain that you’re not at fault, and the company is to blame for any harm you sustained while using their products.
While you can try to do this by yourself, the reality is an attorney can help identify if there are multiple parties involved.
For instance, in the Samsung Galaxy Note 7 debacle, Samsung was sued for negligence, while the battery suppliers were sued for making defective batteries. Samsung clarified this after months of investigations.
What Can You Do?
As you can see, a defective product liability claim is quite complex and requires the expertise of experienced attorneys. If you’ve been injured by one of such products, get the proper legal representation.
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