Can You Sue For A Defective Product?

What Should I do if I Was Hurt by Defective Product?

Companies are responsible for making sure that a product is safe before they put it out on the market. That is why if you are hurt due to a defective product, such as a waist trainer, or a handbag, then you may be able to sue the company. The first thing that you will need to do is identify the party that is responsible. The manufacturer, distributor, retailer or corporation may be held responsible for a defective product.

What Role Does the Disclaimer Play?

Many manufacturers will add a disclaimer to the product. The purpose of the disclaimer is to prevent lawsuits. For example, if you brought a hair straightener product, then it may come with a warning saying that it can reach extremely high temperatures. The warning may also say that the hair straightener can cause electrocution result if it is dropped in water.

If the risks of using the product were written on the disclaimer, then you may not be able to sue the company. However, if you are hurt and the warning was not posted on the disclaimer, then you can sue. For example, the hair straightener exploded, and you were injured.

The disclaimer stated that electrocution and extremely high temperatures were risks associated with using the product. However, you can still sue because the disclaimer did not say that the hair straightener could explode.

Types of Product Liability Lawsuits?

There are three main types of product liability lawsuits, which are defectively manufactured product lawsuits, defectively designed product lawsuits and failing to put adequate warning in the instructions.

Defective Manufactured Product Lawsuits

You can file a product liability claim if an error occurred while the product was being made. Examples of defectively manufactured products include the following.

• A swing set that has a cracked swing.
• A batch of cough syrup that has a tainted ingredient.
• A moped that does not have brake pads.

Defectively Designed Product Lawsuits

You can file a lawsuit if there is a problem with the design of the product. The problem does not occur due to a manufacturing error. It occurs because the entire line of products is dangerous. Here is a list of examples of defectively designed products.

• A model of a certain car is prone to flipping over.
• There is a certain type of sunglasses that does not protect people from the sun’s rays.
• A line of blankets causes electrocution.

Failing to Provide Adequate Instructions and Warnings

A company can be held responsible if they do not provide adequate warnings and instructions with their product. If using a particular product can be dangerous, then the company has to tell people how they can take proper care in order to avoid injury. The following is a list of things that can occur if a person is not adequately warned.

• Cough syrup does not have a warning label that says it can be dangerous if it is taken with certain medications.
• Corrosive paint does not have instructions that say how it can be used properly.
• An electric tea kettle does not have a warning that says it can shoot steam unexpectedly.

However, it is important to note that if an injury occurs due to carelessness, then you probably will not be able to file a lawsuit.