It may not be common knowledge but our homes are possible sources of defective products. According to studies carried out by the Consumer Product Safety Commission more than 43,000 people sustained defective product injuries is the past couple of years and the majority of these were children under 18. No one is automatically entitled to compensation for their injuries caused by use of a defective product from the seller or manufacturer of the product. Cases where the plaintiff has sustained minor injuries may be settled without filing a lawsuit or hiring a Philadelphia personal injury attorney whereas cases where the plaintiff has sustained serious injuries will probably result in a legal battle. Products ranging from furniture and electronics to appliances and baby toys can potentially be a source of injury if proper precautions are not taken.
Product liability lawsuits usually involve more than one defendant sometimes two or three or more. However the product’s manufacturer and the retail store which sells it are commonly the defendants in such a lawsuit. It is the legal responsibility of manufacturers, retail stores, wholesalers and distributors to buyers and users of their products for any injuries those products may cause. Consumers continue to encounter numerous products on the market that can cause serious injuries or even death. Some common examples of defective products are:
- Defective ladders.
- Moisturizing or other cosmetic creams that can have allergic reactions
- Toys that may cause injuries to children
- Defective Gas Station Pumps
The legal theories under which a product liability lawsuit can be brought include:
- Breach of warranty
- Strict liability
The common reasons for defective products that cause injuries to people and result in expensive lawsuits are:
- Manufacturing defects
- Design defects
- Failure to warn the public about potentially harmful features
The majority of people unsuspectingly trust that the products they buy are safe to use and will work as expected. In order to prevent Injuries that occur when a product unexpectedly fails, malfunctions, or explodes it is necessary to understand and heed some basic things:
- Take note if any changes take place in how the product is working.
- Inspect power cords periodically.
- Keep dryer and other exhaust vents clear. Blockages may cause overheating.
- Avoid purchasing toys with small or broken parts which can be a choking hazard for children
- Inspect baby’s crib for any unsafe features that may cause injury to an infant.
- Ensure that spills and buildup are cleaned promptly.
- Inspect appliances and other products for defects regularly
- Be aware of product recalls especially if you have purchased it or something similar
Laws have been enacted to protect consumers from defective products. However when someone is injured while using a product such as a spray can, an appliance or a recreational vehicle, it is a mistake to assume that the product manufacturer will cover any expenses incurred to treat the injury. They rarely admit fault or reimburse anyone for medical expenses. If you or someone you love has been injured due to the use of a defective product it is advisable that you get the help of an attorney experienced in the complex issues that surround product liability.
The Law Offices Lauren E. Scardella, Esq Serving Clients Throughout New Jersey In Criminal, Municipal Court, And DWI Defense.