Every year in the United States, defective products cause injury. When you're injured, you may wonder who is to blame and whether you're entitled to compensation for your losses. Proving product liability is a complicated and complex process.
The attorneys at Law Offices of Janice Maloney
, understand the laws that protect consumers from defective products. If you or a loved one is hurt and a faulty product is to blame, here's what you need to know.
Do You Have a Claim?
To file a successful product liability claim, a product must have a manufacturing, design, or marketing defect that results in losses. These losses include, but are not limited to injury, missed pay due to inability to return to work, property damage and pain and suffering. Here is an overview of the types of defects you must prove in court.
- Manufacturing Defect : This is an error that occurs during the manufacturing process that prevents the product from working in its intended fashion. An example would be a brake manufacturing defect that makes it difficult to stop the car when pressing on the brake pedal.
- Design Defect : A design defect is an inherent problem in the way the product is designed that affects all products in that model. A design flaw that causes a heart device to send the wrong signals, is an example.
- Marketing Defect : This refers to a product that is dangerous in some way and the manufacturer or those involved in selling the product fail to adequately provide warnings to prevent harm. An illustration would be a manufacturer learning of a medical device defect and continuing to sell the product before issuing a recall.
Seek Medical Attention
It's important to seek immediate medical attention right away when you're injured by a defective product. Waiting to visit the doctor may complicate your case and put your claim in jeopardy. The person or company you file the claim against may assert that you made the injury worse by delaying medical treatment.
Find Out if the Manufacturer Recalled the Product
Many products are recalled in the U.S. each year. When a defective product injures you, determine whether a product recall has been issued. You can do this through an online search. Several regulatory agencies keep track of product recalls.
Never throw the product away. You'll need it to prove the defect and you'll need to get the specific product information from it, such as the lot number and model number, if applicable.
Check for Warning Letters
Several agencies are tasked with taking steps to protect consumers against faulty products. One way they do so is by sending warning letters to manufacturers of products that are found to have the potential to cause harm.
For example, the Food and Drug Administration regularly sends warning letters to weight loss supplement manufacturers when it finds products that contain undeclared or unsafe ingredients.
Determine the regulatory agency for the product that injured you and check to see if it issued any warning letters either to the manufacturer, or the general public. Here are the major agencies that regulate products sold in the United States.
- Federal Trade Commission : Protects consumers against deceptive or fraudulent marketing and unfair business practices.
- Food and Drug Administration
: Regulates food, drugs, medical devices, tobacco products and cosmetics.
- Consumer Product Safety Commission : Responsible for enforcing federal safety standards.
Consult a Defective Product Attorney
It's nearly impossible for a layperson to successfully represent themselves against a product manufacturer in a product liability claim. A skilled attorney who specializes in defective products can advise you of your rights and represent you to make sure you get the compensation you're entitled to.
