TOP PERSONAL INJURY FIRM IN LOS ANGELES
Defective household products might seem harmless, but they can do more damage than you think. For example, if you watch the news often, then you might have caught a story regarding the death of a French blogger who died from an exploding whipped cream can. The dispenser omitted shrapnel that pierced the blogger’s heart and she died from a major heart attack.
After her death, it was determined that the household product responsible for her death was reported defective. However, there was no recall and the manufacturer allowed this product to remain for sale despite the known dangers. This is just one example of an extreme injury from a defective household product. More common injuries happen daily, but they might not be as deadly.
Although death from a defective product is rare, it happens. If you sustained an injury due to a defective product, then you could be entitled to compensation. A personal injury lawyer can help. In this guide, we’ll explain everything you need to know about defective product injuries, including the most common types, how they may injure you, and who should be held responsible. We’ll also discuss what you can do to protect yourself financially if you suffer from a defective item injury.
A defective product is defined as any product that could be dangerous when it’s used as directed for its intended purpose, as long as there are no alterations or interference to the product. More specifically, a defective product is any product that causes harm or injury to a person due to a defect with the design, a marketing defect, or a manufacturing defect. Examples of a defective product include medical devices, children’s clothes and toys, and food items.
To claim product liability, a plaintiff must prove that a defective product meets the following qualifications. First, the plaintiff must prove that the product was defective at the time that it was made. Next, they must prove that the product’s maker, seller, or distributor intended for the product to be sold to the plaintiff without safety changes made throughout the process (in other words, the manufacturer knew that the product was possibly defective and they sold it anyway). Or lastly, the plaintiff or their personal property was somehow damaged due to the product
Research shows that the average household in the United States contains over 300,000 items and products that range from light bulbs to furniture and kitchen appliances. Recall trends over the past few years have shown that many of these items pose a risk to our health. Within the first few months of 2017 alone, the number of people injured by defective products reached the highest it has been in 30 years. Here are some other statistics related to defective products:
You may have experienced an injury from a defective product in your home but did not think to report it. Remember that the more time you spend at home, the more likely you are to become injured by a defective product. Now, more than ever, product shortages are causing retailers and manufacturers to increase their demand for household products, meaning that they may be more likely to overlook a defect simply because the product is in such high demand in stores.
Have you ever wondered what makes a product defective? As noted above, a defective product is defined as any product that causes injury because it was marketed, designed, or manufactured incorrectly. To prove that a product is defective, a plaintiff must prove that the product was reasonably defective either at the time of manufacture, when it was designed, or when it was marketed to the public. We will discuss the three types of defective products below.
A product can be defective because it was made improperly or there was a defect at the time it was produced. These types of defects can be present even before the product was manufactured. A company may be held liable for a design defect if there was an unforeseeable risk present during the production process, and the company decided to continue with production anyway. This is what happened in the case of the defective 3M earplugs.
An example of a product design defect would be when a coffee cup is designed in such a way that the bottom of the cup melts when it comes in contact with a hot liquid. Most states require that a plaintiff prove that their injury could have been prevented if the product that injured them was made in a different way. In other words, they must prove that the manufacturer could have made changes during the production process that would ensure that the product was safer. Products that have design defects are usually only fixable if the manufacturer alters the original design, meaning that the original design and intended use are unsafe.
A product may be defective due to a manufacturing defect. This occurs when the product becomes defective during the assembly or manufacturing process due to either an intentional or an unintentional mistake. Product manufacturing defects occur when the product becomes more dangerous than what the consumer and company expected.
The primary difference between a product manufacturing defect and a design defect is that the manufacturer defects are unintentional or occur accidentally due to a flaw in the manufacturing process, whereas the design defects are usually intentional flaws that occur when the product is being designed.
A manufacturing defect is usually easier to fix because the defect can be corrected by making a simple adjustment to the assembly process or materials used to make it. Some common examples of manufacturing defects include contaminated medications and food items, and faulty mechanisms, tools, and screws.
A product marketing defect usually occurs due to a lack of proper warning or directions about a particular product. These flaws may be due to a lack of instructions about how to use a product. Examples may include when there is improper labeling on a product and a lack of safety warnings. Marketing defects are common when a company does not warn the consumer about all of the ways in which a product can be harmful when used incorrectly. This includes when there are choke hazards or small parts on a child’s toy. This type of product defect usually occurs when a person is injured due to a company’s improper marketing.
Most people don’t expect to sustain serious injuries from common household products, but it happens. Many products can be dangerous if used incorrectly or mislabeled. You can still get injured from a product that comes with a defective disclaimer and warning labels, and you may have to file a product liability lawsuit due to a manufacturing process error or breach of warranty.
The CPSC is responsible for recalling consumer products and keeping the public safe. However, while recalls are intended to inform users of potentially dangerous household products, many people are unaware of these warnings until they get injured. Other people know about the recall but don’t expect to become seriously injured by the product in question. Regardless of the defective product’s cause, it’s important that you are aware of potential items that may harm you in your home.
Here are some of the most common examples of defective household products:
Although a defective household product injury is not considered as dangerous as a car accident, it can still be deadly. Also, keep in mind that just because you aren’t killed from a defective product doesn’t mean you don’t deserve compensation. A defective household product may cause serious injury when manufacturers don’t alert the public about potential dangers or remove these items from store shelves.
Even if you use a product as it was intended, it may still cause injury if it’s defective. For example, if you are using a blow dryer as intended, it may burn your head or hands if the product was defective when it was created. Some products may also become defective if they expired or were damaged during the stocking process at the store.
Most of the time, a defective product is the manufacturer’s fault, but there are exceptions to this rule. Either way, companies are responsible for standing behind the products they sell and making sure they are safe to use. You are entitled to compensation if you are hurt by a household item, whether it was obviously defective or not.
Common injuries due to a defective household product include the following:
Broken bones or severed limbs are a common example of what may occur when you come into contact with a defective steering wheel or set of brakes that causes a car accident. You may also experience a deep cut or laceration due to a defective knife or eating utensil that did not come with a set of instructions. Even a simple kitchen or cooking tool may cause an injury if it’s defective or it does not come with clear instructions, such as vegetable spiralizers, chopping tools, or vegetable peelers. Burns are also very common injuries due to defective kitchen items.
You may experience a burn from a defective heating pad or electrical blanket. In some cases, a defective heating blanket may cause a defective mattress to catch on fire - injuring the person sleeping on top. Brain injuries and spinal injuries are also common. You may experience a blood clot or brain injury that formed due to a defective pharmaceutical medication or a defective set of brakes may have caused a leg injury that requires you to go to physical therapy or miss work.
Electronic heating devices, such as microwaves, toasters, space heaters, and electronic blankets, are some of the most commonly reported defective household items. Even if you are using these products correctly, they may still cause injury due to an electrical problem or design flaw. It’s never a good idea to leave a space heater unattended in your home. Do not sleep with one in your bedroom because it may catch fire while you sleep. Never leave the home with a space heater running inside as this may cause a fire.
Other heating devices, such as toasters and microwaves, are known to cause lacerations and burns if they are defective. You may burn your hand while trying to heat up food or reaching in the toaster, even if you are practicing caution while doing so. These items may also cause an electric spark at the outlet that leads to fire if there is a defect with the cord. Never leave a toaster oven or microwave unattended while in use and always be sure to use oven mittens or hand protectants when removing food from these areas. Many people have suffered third-degree burns on their hands from household items that are supposed to be safe.
Many people use heating pads or electric blankets at night to keep warm. However, defective heated blankets have been known to catch fire or cause serious burns to people while they sleep. It’s a good idea to sleep with the settings on low or use the blanket to heat your bed and turn it off before falling asleep to prevent injuries. If you are using a heating pad to alleviate sore muscles or stomach cramps, then be sure to keep the setting on low and do not fall asleep with the heating pad on. Problems may arise either with the cord or the product itself.
No one ever wants to think that their children will become injured by toys in their home, but it happens. Defective children’s products are responsible for many injuries and even deaths, despite being used properly under supervision. Research shows that over nine million children are treated in the emergency room for unintentional injuries each year in the United States alone. Additionally, emergency rooms estimate that they treat approximately 250,000 children for injuries related to toys. This is just one category of children’s products that may lead to injury due to poor design, improper manufacturing processes, and more.
According to the CPSC, there is an increasing trend in toy-related injuries among children worldwide, especially those involving contusions, lacerations, or abrasions. Children are also prone to injuries that cause serious scarring, which can lead to both physical pain and emotional anguish. Examples of defective children’s toys that may lead to death or injury include balloons, tricycles, ride-on toys, scooters, powered and non-powered riding toys, toy boxes, and stuffed toys. Additionally, research shows that there is a growing trend among playground injuries, too.
Other defective children’s items that may cause injury include:
Potentially dangerous chemicals may be lurking in every home in your room. If not used or stored properly, these items could cause injuries, health problems, or even death. They are especially dangerous for pets and children who may not know how to use them properly and in the correct dosing. If and when these items become defective, they pose even more of a threat. For this reason, it’s important to be aware of these products and how they may injure you.
The following is a list of cleaning supplies that may be dangerous, based on where you keep them in your home:
While most of these items come with proper warning labels and instructions so that you use them safely, they may cause injuries even if you follow all directions. If you purchased a defective cleaning supply item, then do not use it. Store it in a safe place away from children and pets, and contact a lawyer immediately to determine your next steps.
Warning labels are an important part of identifying a potentially dangerous or defective item. The American National Standards Institute (ANSI) is the organization responsible for regulating safety symbols, producing safety signs and labels, and maintaining safety rules and regulations. In 2002, the company updated its standards to ensure that the warning labels and signs on products are easier to read, illustrate all possible safety risks with pictures, and offer a more detailed explanation of potential dangers.
The ANSI states that a warning label should inform the consumer of existing hazards, the severity of risk involved when using a particular product, levels of the potential danger, and how to avoid these risks. Warning labels should be highly visible to consumers and positioned in a way that’s close to the area that may be hazardous. Labels should be made with the product’s typical setting and life expectancy in mind. The ANSI has designed a series of three colored-coded words to alert the consumer to potential dangers linked to a product:
Product manufacturers must include red, orange, or yellow labels on their items along with a description of the potential hazard so that users know exactly how to use it without getting hurt. The color code labeling is supposed to be laid out in a square shape on a white background to make it more visible. Then, underneath the color keyword, this section should include two panels that include a symbol or a picture (such as a red circle with a slash through a potentially dangerous way of using the product). This section is designed to send a clear message that the product should not be used in certain ways.
A warning label should help consumers answer the following questions:
‘Damages’ is a term that refers to the sum of money that is paid to a plaintiff in a lawsuit. It’s intended to compensate them for losses due to an illness or injury, but it can also be to punish the defendant for something they did wrong. In the case of a defective product, ‘damages’ means that you are entitled to money for your injury or illness from the manufacturing company.
There are many different types of damages, but all damages are defined by a dollar amount that the defendant (the manufacturing company) must pay the plaintiff (you). In a personal injury lawsuit, damages are ordered by a jury or judge after a verdict is decided in court. However, compensation is collected by the plaintiff through a personal injury settlement. It’s important to estimate your damages in a product liability case upfront. If your injuries are minor and you're not entitled to a lot of compensation, then it might not make sense to spend the time and money on pursuing your claim.
Also, keep in mind that smaller damages mean that you will be less likely to find an attorney to represent you. In the case of a defective household product, it’s helpful if the product has been known to cause widespread problems. This will make it more likely for you to find legal representation because lawyers know they’ll be more successful in your case. Also, if you suffered substantial damages, then you’ll want to classify them before filing a lawsuit to ensure you get the full value from your claim. All damages fall into one of two categories: punitive and compensatory.
Compensatory damages are otherwise referred to as actual damages. They are designed to pay the plaintiff for their injury or illness caused by a defective product to restore the injured person to the condition that they were in before the incident occurred. Compensatory damages work by assigning a dollar amount to the value of the accident or injury that the plaintiff incurred due to the defective product.
It’s not always possible to make the plaintiff whole again or restore their health to the way it was before the accident. This may occur when a permanent injury, death, or serious illness occurs due to the defective household product. However, compensatory damages provide a lump sum of money that is determined to be equal to the value amount of the incident. The two types of compensatory damages include 1) those that cover economic losses and 2) those that cover non-economic losses. We’ll explain them more in-depth below.
Economic losses are otherwise known as special damages or monetary losses. They refer to property that the injured person may have lost due to the accident. Generally, these losses are easier to prove in court because they tend to be easy to spot and require less proof. You might find that it’s easier to get compensation for economic losses than non-economic losses, but it’s still a good idea to have an attorney represent you, especially if your case goes to court.
Here are some examples:
Non-economic losses are also known as general losses. Generally, non-economic losses are harder to define. Examples of non-economic losses include physical and emotional suffering, such as pain and suffering and loss of consortium. If your case goes to court, then a jury or judge will need to assign a dollar amount to your non-economic losses. This may require you to provide more proof, such as medical bills for a psychologist due to postpartum therapy or costs covering antidepressant medications. Here are two examples of non-economic losses:
Unlike compensatory damages, punitive damages are designed to make the injured person feel whole again after an injury or illness. They are meant to punish the defendant for their mistakes and to deter future mistakes from others in the future. Punitive damages are sometimes used to set an example. It’s not uncommon for juries to call for punitive damages against manufacturers in high-profile cases.
For example, in 2020, a jury in New Jersey ordered Johnson & Johnson (J&J) to pay $750 million to four people who claimed that their mesothelioma was caused by the asbestos baby powder made by J&J. The jury also claimed that J&J hid the fact that their product contained asbestos. Also, in 2019, a jury ordered Roundup producer Bayer to pay $2 billion (later reduced to $86.7 million) to a couple who developed non-Hodgkin’s lymphoma after they used Roundup for over 30 years.
A product can be recalled by the manufacturer if a regulator, consumer, or manufacturer finds out that there are safety issues or possible defects that could cause in injury. Most of the time, recalls are used to protect the public - and the entire line of a product of certain batches that have problems with them will be removed from the market.
The majority of product recalls are voluntary, meaning that companies recall a product after finding out that there is a safety concern or defect. However, in some cases, another party - such as a regulatory agency - will issue a recall and pull that product from shelves or the manufacturing process before it even reaches stores.
Here are some of the most commonly recalled products:
It’s not always easy to know when a product is recalled. Pulling recalled items from their shelves is the responsibility of the store that carries these items. However, in some cases, the stores do not pull them in time before a customer buys a recalled product. If you purchase a product and register it through the manufacturer, then you may get a notification that the product is recalled by the manufacturer. If your vehicle or a vehicle part is recalled, then you may be sent a notification via email or snail mail by the National Traffic Safety Administration (NHTSA) or the car’s manufacturer, such as Ford or Chrysler.
You can also find recall information on the CPSC website. The organization will post this information for consumers to view and search for possible recalls that may be linked to products they own. If you subscribe to the CPSC website, they will even send you an email notification when a product recall occurs on one of the products you purchased, registered, or own. Another helpful website that lists product recalls is Recalls.gov. This website lists recalls for consumer products, medications, cosmetics, environmental products, food, motor vehicles, and boats.
If you find that one of the products you bought was recalled, then follow the instructions provided by the company that contacts you. Many times, the manufacturer or retailer will provide instructions on what to do next. The first step is usually to stop using the product. Then, depending on the nature of the recall, you may be eligible for a replacement or refund. Many companies will offer to repair the defective product, replace it with a new one, or send a refund.
If the defective product injured you and it has not been reported defective yet, then call a lawyer immediately. Your lawyer can also contact the CPSC to report any products that are unsafe. Keep in mind that the CPSC may or may not investigate your report. However, it’s always a good idea to document that you have reported your injury as this will help your case if it goes to court. If they decide to investigate, the CPSC will contact you to confirm whether or not the information you provided is accurate. They will also inform you on how they plan on using your information. If you list a manufacturer in your report, the CPSC will forward your report to them and you may hear from the manufacturer regarding the defective product that injured you.
If you have been injured due to a defective product, then the best thing to do is to call a personal injury lawyer right away. Although you do not need to hire a lawyer, it’s in your best interest to do so. Personal injury lawyers are trained professionals who know how to represent you in a court of law. They will handle the insurance company for you and will speak on your behalf to a product manufacturer whose product injured you so that you don’t have to.
A personal injury lawyer will also know your state’s laws and statute of limitations in regards to the timeframe that you need to file a claim. Hiring a lawyer can be the difference between a successful defective product claim case and a non-successful outcome. They will protect your rights and get you as much money for your injuries as possible. Product injury claims are especially hard to prove by yourself because they require that you prove that the product was defective at no fault of your own. A lawyer can help prove that you were injured because of the way the product was made or advertised and not because of user error or another mistake.
The statute of limitations refers to the maximum length of time you have to take legal action against a potential claim or injury. These time limits vary from state to state. For example, if you live in Michigan, then you have three years from the date you were injured to take legal action against a defective product. No states currently have a statute of limitations of less than one year. Some have two and others have three or four.
If you are injured from a defective household product, then don’t wait. Taking action right away can help ensure that your claim is valid. Waiting too long may be a red flag to insurance companies and they may try to disprove your claim. If the statute of limitations in your state has expired, then keep in mind you may still be able to file a claim in another state, such as where the company is located. A personal injury lawyer can help make sure you file a claim within your state’s statute of limitations.
It’s usually fairly easy to determine when your time limit runs out if you have been injured by a defective product. For example, if you were injured by a defective knife and the statute of limitations in your state is two years, then you have two years from the date in which you injured yourself to take legal action or file a claim. Keep in mind that some injuries may not present themselves until weeks, months, or even years after an accident. This may include if you develop lung inflammation from inhaling a defective chemical product. If this is the case, then it might be harder to detect the injury date. However, this information is still crucial when it comes to when you can file a claim for a defective product.
Most of the time, there are two dates that matter when it comes to filing a defective household product claim: when the injury occurred and when it was discovered. In most states, the statute of limitations begins when the injury date occurs. If you discover the injury after the statute of limitation runs out, then you may not be able to file a claim. However, in other states, the statute of limitations only starts when the injured person realizes that they have been injured. States that have an injury-discovery rule will begin the statute of limitations on the date that your symptoms began.
Some states will begin this timeline on the date on which you should have noticed your injury or symptoms. In this case, the statute of limitations may begin even if you have not discovered your injury yet. For example, if your lungs were damaged due to inhaling a defective chemical product, and you develop a cough but don’t go to a doctor for several months, then a court of law may decide that the statute of limitations started when you first developed the cough instead of when you went to the doctor. In other words, the sooner you file your claim, the better.
Product liability is when a retailer, manufacturer, or seller of a product is held responsible for allowing a defective product to reach the customer, even if the customer was negligent in buying the product knowing that it was defective. For example, if a company does not pull its products from store shelves after several people have been injured from it, and a customer still buys it knowing the risks, then the company is legally responsible.
State laws are responsible for determining who is responsible for a dangerous or defective product. Although the manufacturer is usually found responsible, all parties involved in the distribution chain may be held responsible for product liability, including the store that carries the item knowing it’s dangerous. These state laws may vary because they are based on a set of commercial statutes that are modeled after the Uniform Commercial Code, which is a set of rules all states must follow when it comes to product liability.
If you’re looking to collect financial gain from an injury due to a defective product, then you will need to make you can prove the following:
Here are some things that can reduce the amount that you receive for a product injury claim:
Some product defects are created because they are mishandled or tampered with. You will need to prove that you did not tamper with the product or cause it to become defective in any way if you are trying to prove that the manufacturer is liable for your injuries. Also, keep in mind that all parties related to the distribution of the potentially dangerous product may also be held accountable, including the following:
This means that there has to be a contract agreement between the supplier and the injured party. However, at the time of this writing, any person who could be injured by a defective product may collect for their injuries.
Defective product claims usually fall into one of three categories: strict liability, negligence, and breach of warranty.
Negligence claims refer to a type of product liability law that includes design errors, failure to warn customers of potential dangers linked to a product, and careless mistakes in the manufacturing process. Any person involved in the distribution, design, or manufacture of a product can be held responsible because they have a duty to make sure the product is safe.
If the people who are responsible for these things do not exercise reasonable care and their actions result in your injury, then they can be held responsible for their negligent actions.
Whereas negligent claims require proof that someone along the distribution line acted irresponsibly to cause injury, strict liability claims can hold a supplier or retailer responsible for defective product injuries regardless of proof. If a product is determined to be dangerous to the public, and someone is injured as a result of the product, then this is enough proof to file a defective product claim against the manufacturer under strict liability laws in a court of law.
Breach of warranty is a term used to describe what happens when a company violates its own warranty or safety promise to the customer. Under product liability laws, claims that pertain to breach of warranty may occur when a manufacturer or retailer breaks either an expressed or implied promise to the customer that the product in question is safe to use and defective-free.
Anyone who has been injured by a defective product can file a claim. Common injuries include broken bones, lacerations, burns, brain, and spinal cord injuries, and even wrongful death. If you have been injured by a defective product, such as a motor vehicle, a prescription drug, or construction equipment, then you can file a claim - but you’ll need to prove your injury. This is where an attorney comes in handy because they will know how to prove your claim.
For example, an attorney can collect medical records, hospital bills, and photographs to prove that the injury happened. These items can also prove when the injury happened as well as the extent of the injury, which can impact how much money you’ll receive as compensation. An experienced attorney can also provide evidence that the injury happened. Most of the time, the defective household item itself is the primary piece of evidence. You will need to provide the item to the insurance company so that they can inspect it and determine what caused your injuries. Sometimes, the defect may be obvious, but this is not always the case.
If your case goes to trial, then an attorney will be crucial because they can provide expert testimony to prove that your injuries were caused as a direct result of the defective product. You can also represent yourself - or, in the case of wrongful death - a loved one can represent a deceased family member. However, it’s much better to have an experienced attorney who can present evidence to a jury or judge so that they can evaluate the evidence and provide a verdict.
If you or a loved one has been injured due to a manufacturing defect, dangerous product, or design defect, then contact a law firm for legal advice today. Product liability lawyers have been trained in the defective product injury area of law and they can help you get the maximum compensation you deserve for medical bills and pain and suffering. Most product defect lawyers will provide a free consultation where you can determine if they are the right attorney for you.
If you decide to file a product liability claim, then it’s important to hire a good lawyer who can see you through this process. This is especially true if you plan to file a claim against a big company that has lots of money and resources to shut down your claim. Experienced product liability attorneys know how to handle these big companies and will use their professional education and law training to ensure that you get treated fairly. They’ll go over your legal options and provide a free case evaluation when you meet with them.
Here are some things to look for when picking out a personal injury attorney:
Make sure that the personal injury lawyer you hire has experience in defective household product cases. These strict liability cases require a lawyer who has specialized knowledge in this field because they are different from other personal injury cases. Unlike car accidents, defective household products put you up against major companies and corporations that have the power to quiet your case.
A lawyer with experience in defective products will know how to get you compensation for things that are hard to prove or assign a dollar amount to, such as pain and suffering and mental anguish. When you meet with a potential lawyer to determine if they are right for your case, ask them to show you examples of cases similar to yours that they have won in the past. Also, be sure to ask them how they plan to handle your case to increase your likelihood of winning.
In addition to picking out a lawyer with experience, you’ll want to make sure your lawyer has good client relationship skills. You will likely be spending a lot of time with this person and your personalities will need to match. Be sure your lawyer speaks to you in a respectful fashion and does not talk down to you or brush off your case as just another one they have to work with. Your lawyer should make you feel like the priority. It’s a good idea to do research on your lawyer to see if there are any reviews about how they treated past clients.
Sometimes the lawyer that you meet with upfront is not the same lawyer that will be assigned to your case. If your lawyer works for a firm, check to make sure that you will be getting the same lawyer throughout your case. Otherwise, you may be working with a team of lawyers, especially if your case goes to court. While there are some advantages to having a team of lawyers, some people prefer to work with one person who knows their case extensively. To get the personalized attention you need, be sure that you’ll be working with the lawyer that you meet upfront. Also, be sure your lawyer has time to see your case until the end or if it goes to court.
If you are injured by a defective or dangerous product, then you will need to have documentation. It’s important that you keep paperwork and items that prove your injury and help you recover damages. The first thing you’ll want to make sure you have is your receipt. This is important because it shows that you purchased the product from a specific retailer - and they may be held responsible for selling you the product.
However, keep in mind that you can still sue a retailer even if you were not the one who purchased the defective product or was hurt by it. If you don’t have a receipt, then there are other ways to prove that a retailer stocked defective products and made them readily available to the public, such as by taking pictures. A lawyer can most certainly assist you with this by informing you of your rights, even if you were not injured.
Here are some other things you and your lawyer can do to help your defective product claim:
If you were injured, then seek medical attention right away. If your injury was not that serious, then consider documenting the scene of the accident. Take pictures of the defective product and where you found it. Also, take pictures of how the product injured you, what you were doing when it injured you, and how you were using it. Make sure there are obvious signs that can prove the location of the defective product in stores - such as a Target sign in the background with a date and time stamp of the photo.
You will want to take a picture of the front of the product, especially if there are noticeable signs that it’s damaged. If you were injured and had to go to the hospital, then contact a lawyer right away (or have a loved one do it) and he or she can acquire this documentation for you. You may also want to collect documentation or witness statements and contact information from anyone who saw you get injured or can act as a witness to confirm that the defective products were on display. Again, your lawyer can do this for you if needed. Collecting all of this information might seem tedious, but it will help your case if it goes to court and increases the likelihood that you won’t have to settle for a low offer.
You will want to save all copies or obtain documentation of your medical expenses, including doctor’s visits, any medication you were prescribed, and any costs that you had to pay for as a result of the injury or accident. Also, be sure to document lost wages and any time that you had to take off from work to go to the doctor or recover from an injury. It helps to write down how many days of work you had to miss. This will help assign a dollar amount to your injury.
Keep a copy of all correspondences you have with the insurance company, retailer, and anyone you speak to about your claim. This information will be useful if your insurance company refuses to cover all of your injuries or tries to claim that you did not properly inform them of the information needed to settle your claim. Keep copies of emails, text messages, faxes, and even written conversations with all parties involved in your claim.
Q: How common are defective household product injuries?
A: According to the CPSC, defective or unsafe household products account for about 29.4 million injuries and around 21,400 deaths each year. Additionally, within the United States alone, approximately $700 billion is spent every year on property damage, injuries, and deaths due to consumer product injuries. If you are concerned that your case will be just another number or that you can’t stand up to a large corporation if you were hurt by a popular name-brand item, then call a lawyer today to get the legal help you need to take action and increase your success.
Q: What are the most common defective products?
A: Some of the most common defective product liability cases over the past decade have involved injuries or illness due to exposure to pesticides and other chemicals used at home. You may experience an injury or illness due to lawn and garden products or cleaning products that you use every day. Over time, these household items may cause injury in the form of coughing, a heart condition, or even cancer. Other common examples of items that can hurt you at home include injuries from food, medicine, medical devices, pharmaceutical drugs, children’s toys, cleaning supplies, industrial and heating machinery and equipment, and kitchen appliances.
Q: Who is held responsible for defective product injuries?
A: Anyone involved in the making or selling of a defective product can be held responsible. This includes a manufacturer, seller, or retailer - and anyone who played a role in making the defective item available to the public. This is otherwise known as product liability, which refers to holding the responsible party accountable for placing the defective product into the public’s hands where an injury could occur. If your case goes to court, then the judge or jury may find anyone in the distribution chain liable for your injury - from the company that made it to the store that sold it to you.
Q: Can I sue for a defective product?
A: Yes, you can sue for a defective product as long as you can prove one of three things. First, you must prove that you used the item in its intended way and not for any other purpose - yet you were still injured. Next, you must prove that the product was defective. Lastly, you must prove that the defective product caused your injuries. You can prove these by providing pictures and medical records to show that you sustained damages or losses due to the product. If you hire a lawyer, then he or she can track down medical records and other paperwork for you.
Q: Can I sue Amazon for a defective product?
A: If you buy a defective product off Amazon, then you may be able to sue them. Until recently, Amazon was protected from product liability, meaning that it could not be held responsible for selling a defective product. However, recently, a federal court law stated that customers can sue Amazon if they are injured from a defective product they bought on the website. As mentioned above, you may have to provide proof that you were injured from the product you say you were.
Q: What makes an item defective?
A: A defective product is defined as an item that does not perform the way it was intended to, which results in an injury. A defective product could cause damage due to a design defect or a manufacturing flaw, or it could be due to improper warnings to the consumer about potential dangers. Sometimes, a product becomes defective because it was designed wrong. Other times, it might be defective because there was a flaw when it was made or distributed. The product could have been damaged when it was shipped. If you suffered an injury from a product after using it properly regardless of warnings, then it could be deemed defective.
Q: What should you do if an item you bought is defective?
Sometimes we don’t always notice that a product is defective until after we purchased it. If this happens to you, then stop using the product immediately and check your receipts to identify where you bought the item. Take the item back to the store and return it - then contact a lawyer immediately. Be sure to document the entire process, including when you bought the item, when you noticed it was defective, whether the store took it back or not, and any symptoms you may have. Your lawyer should be able to better assist you when it comes to returning a defective product and holding the appropriate parties responsible for their negligence - as well as any damages you may incur along the way
Q: What does the law say about defective products?
A: According to the Consumer Rights Act 2015, consumers who purchased a faulty product are eligible for a full refund in most cases as long as they are returned within a fixed period, such as 30 days. It’s best to hang on to your receipts for instances like this where you may not notice that a product is defective until after you bring it home. Sometimes, a company may be able to locate a receipt for you if you did not keep a copy. If you have any questions at all about the process of returning a defective product, then contact a personal injury lawyer who can better assist you and inform you of your right.
Q: Is food poisoning considered a defective product?
A: The number of product liability cases that involve food poisoning is on the rise. Food-related injuries, such as food poisoning, are considered product liability actions, meaning that you can sue for food poisoning as a defective product. If you got sick due to a food item you purchased at a store, then you could file a claim against anyone in the chain of distribution for this product, including the manufacturer, retailer, and anyone who helped get it in your hands.
One of the biggest challenges in food poisoning cases is proving that the defective food caused your injury or illness. Most of the time, food will have been thrown away or eaten by the time the injury or sickness occurs. It’s hard to collect evidence or samples from defective food to prove that your injury was due to bad food. This is why it’s important to hire a product liability attorney if you suffered from food poisoning. They will know how to collect evidence to prove your injury or illness, even if the food in question has been eaten or thrown away.
Q: How do I know if I need to file a class-action lawsuit?
A: You can file a product liability lawsuit alone or as part of a class-action lawsuit - as long as the defective product injured a larger group of people the same way that it injured you. In the case of a product liability class action lawsuit, only a few people will represent thousands of people who were injured the same way they were. It’s a good idea to file or join a class-action lawsuit if the amount of money each person would get on their own is not enough to cover their medical expenses. Most of the time, class action lawsuits are not used when someone has suffered severe or unique injuries. You can talk to a lawyer about how to file or join a class-action lawsuit.
Q: How can a lawyer help in a defective product liability lawsuit?
A: An experienced product liability lawsuit lawyer can help you collect damages that pertain to your case. For example, your attorney may be able to get you money to reimburse you or pay for medical costs - both now and in the future - lost wages, pain and suffering, and emotional anguish. While it’s possible to file a lawsuit without an attorney, hiring an attorney can make the process much easier for you. An attorney also ensures that you’re more likely to win your case and gain maximum compensation so that you don’t settle for less than what your injuries are worth. Keep in mind that it’s easy for medical bills to spiral out of control if you suffered a serious injury, with treatments exceeding far longer than you previously thought. A personal injury lawyer can secure future payments for you to make sure you’re compensated correctly.
Q: Can I sue a retailer for a defective product?
A: Yes, you can sue the retailer - and anyone involved in the distribution chain of the product - for a defective item. This is because when a retailer lists an item for sale, it’s responsible for ensuring that the product is safe before it’s made available to the public, even if they did not create the product or manufacture it. Additionally, you can sue the retailer even if you weren’t the one who bought or used the defective product from them. You may also be able to get compensation for used products, depending on your state law and the nature of the defect.
