Basics of Defective Products

Defective products have been put in effect to protect consumers from products that are not designed, manufactured or marketed properly.  When a consumer has received a product that is not acceptable from a manufacturer, he or she can use the defective product laws to prompt the manufacturer to take action and fix the product, replace the product or provide compensation or reimbursement.  Here is an overview of defective product laws.

Types of Claims Surrounding Defective Product Laws

If a consumer pushes the defective product law against a manufacturer in a court of law, the claim will usually fall into one of three different types.  These types include:

Defective Design

If a manufacturer makes a product and accidentally or intentionally allows the product to be made with defects, the claim may fall under this type.  One example of this type of claim are the FEMA trailers provided after Hurricane Katrina that had formaldehyde.  Due to the level of formaldehyde present in the trailers, survivors of the hurricane developed sicknesses from formaldehyde poisoning FEMA and trailer manufacturers either accidentally or knowingly allowed victims to move in the trailers, despite the dangerously high levels of formaldehyde exposure.

 

If you are in need of legal assistance or have questions about defective product laws, consult with an attorney in your area to discuss the details of your case.

 

Defective Manufacture

This is a claim which states that a product was damaged in the manufacturing process, making it unacceptable for consumers or individuals. 

Marketing Defects

With this claim, the plaintiff may state that the manufacturer failed to provide the consumer with warning labels for dangerous or hazardous materials, information or instructional material which would allow the consumer to use the product in a safe manner.  One example of this may include a consumer who received hot coffee from a large fast food chain that failed to place cautionary statements on the cup.  When the consumer was injured due to the hot coffee, they were able to make a valid claim against the fast food chain because of the lack of precautionary warnings on the cup.

When a plaintiff brings a case against a manufacturer, they may have to prove that the manufacturer was negligent.  This might include showing the defective product in court, proving that injuries sustained were the result of a defective product, or further proof that the manufacturer was at fault.  In some places, the consumer is burdened with the task of proving without a doubt that the manufacturer was negligent.  In some cases, this can be quite difficult.

 

 

However, the laws in other places are stricter, allowing the consumer to have a valid claim if they can prove that the product was defective.  In these cases, the manufacturer is held liable regardless of how much care was used in the manufacturing of the product. 

Defective Product Laws are put into place to protect consumers who purchase products that end up causing injury, not working correctly or creating other problems for the consumer.  Due to these laws, manufacturers place more care into making sure that products are fit for consumers and are safe for use by the general public.  Products which have the ability to injure include warning labels and safety features to inform individuals on how to use the products in a safe manner.

If you are in need of legal assistance or have questions about defective product laws, consult with an attorney in your area to discuss the details of your case.
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