In a general sense, defective products are any products that do not work as they should. However, in a legal sense, a defective product typically refers to a product with a defect that harms someone. If you sustain an injury or suffer serious damages due to a defective product, you may be able to bring a lawsuit against the manufacturer of the product. Here’s what you need to know.
What Makes a Product Defective?
From a liability standpoint, defective products usually fall into one of three categories: defective manufacturing, defective design, or failure to provide adequate warning labels.
Defective manufacturing includes cases where a mistake in the manufacturing process leads to a dangerous product. Typically, the mistake only affects one or a few products.
In contrast, defective design refers to cases where the defect is part of the product’s design. For instance, the Takata airbags are a prime example of a manufacturing defect. The manufacturer designed and sold millions of airbags with defective inflators. When these airbags deployed, the casing around the inflators ruptured, causing metal shards to spray around the inside of the vehicle. This particular defect has been linked to at least 15 deaths.
Finally, failure-to-warn claims relate to cases where products do not have adequate warning labels. In one inadequate-warning case, the plaintiff suffered bodily harm due to water intrusion from a jet ski. In this situation, the jet ski had warnings to be aware of the water intrusion, but the warnings were not clearly positioned in a place where all operators would be likely to see them.
What Are the Most Common Defective Products?
All kinds of products have been cited as defective. Consumer products, motor vehicles, boats, cosmetics, and environmental products such as pesticides have all been involved in defective product lawsuits or recalls. Food and medicine also make the list.
Beyond those broad categories, some of the most common defective products include medical devices, pharmaceutical drugs, children’s toys, household appliances, cleaning products, and industrial equipment and machinery.
What Should You Do If You Are Injured by a Defective Product?
If you are injured by a defective product, seek medical attention and stop using the product immediately. If the issue eventually goes to court, you may need to prove that your injuries were related to the defective product. Take photographs, collect statements from medical professionals, and gather any other information you can. Then, contact an attorney as soon as possible to discuss your rights.
Are There Federal Agencies Overseeing Defective Products?
The Consumer Product Safety Commission, the National Highway Traffic Safety Administration, the United States Coast Guard, the Food and Drug Administration, the US Food and Drug Administration, and the Environmental Protection Agency all play a unique role in helping to protect consumers against dangerous and defective products, foods, and medications.
These six agencies have partnered together to create Recalls.gov. On this site, consumers can obtain product recall information and report defective products to the government.
Defective products can lead to serious injuries and even death. You do not deserve to suffer while a company profits from your misery. To get help, contact Mazow | McCullough, PC today by calling (855) 693-9084. We can start with a free consultation and help you decide how to move forward.