Defective products are a problem everywhere. They pose a significant danger to consumers because of the potential health hazards they bring, not to mention the inconvenience that comes about when a product doesn’t work as intended. For this reason, many consumers often sue manufacturers for these defective products, and it’s not uncommon for them to be awarded substantial monetary compensation.
Product liability cases can be complex, and you must work with a lawyer who understands how to prove liability and build your case. However, product liability cases are also plagued with misconceptions that are difficult to understand. Beyond that, these misconceptions are also why many wronged consumers don’t pursue a claim even when they have substantial reason to.
For this reason, we’ll debunk some of the most common misconceptions surrounding product liability cases. These include:
#1 – You Can’t Build a Case against Void or Expired Warranties
This misconception is widespread, and it’s easy to see why. Many people purchase extended warranties that are “void after expiration.” When something goes wrong, you’re more likely to find yourself without a warranty than with one. If your warranty is void, it might seem like you don’t have any grounds to pursue a product liability case.
This is not the case at all. Warranties are considered “conditional,” meaning they only exist if you can meet certain conditions. If you can prove that the product did not meet its warranty, you can build a liability case. The same is valid for expiration dates.
Furthermore, even if there’s no warranty or the warranty expired a long time ago, you can still build a claim for product liability. The product is unfit for its intended use, and you can base a negligence claim on that.
#2 – Product Liability Only Covers Intended and Foreseeable Uses
Many consumers don’t realize this, but product liability covers the inherent risks, the risks that are not intended and not known beforehand. If a product is defective but only known to be defective under certain circumstances, that’s still grounds for a case.
Just because a product is being used unintendedly doesn’t mean you can’t sue. Some products pose inherent risks that manufacturers have been aware of for years. These risks should have been identified and addressed, yet it often happens that they weren’t. Manufacturers can be held responsible for not taking action to prevent these risks from happening despite their awareness.
#3 – Altering or Modifying a Product Won’t Give You a Case
When a product is defective, there may be something you can do to mitigate the damage. For example, if you get an electric shock from a car door, you may be able to reduce your injuries by wearing rubber gloves. Some people think that they changed how they were using a product to make it easier to avoid liability.
This is another misconception. You can modify a product to use it differently, but the product is still the same. There are still inherent risks, and the manufacturer’s responsibilities are still the same, meaning you can still pursue legal action.
#4 – There’s No Case If a Defective Product Wasn’t Reported Immediately
Some people believe that a case can’t be built if reported immediately. This is wrong, and it doesn’t even follow how product liability works. When a product is defective, it’s not fit for its intended use. So, even in the case of an immediate report, a product liability case can still be built.
Working with a Lawyer
Product liability cases carry a lot of weight. If you think you may be a victim of a defective product, it’s good to speak with an experienced lawyer in this area. A lawyer will be able to give you a clear picture of what your options are, including any possible compensation you could receive.
However, you should also hire the right lawyer with experience and expertise in handling product liability cases. This means you should do your research before settling on a lawyer. The last thing you want is to hire an inexperienced or unprofessional lawyer to see your case get thrown out or wind up with no compensation.
Product liability cases can be complex and require an experienced lawyer. However, the most common misconceptions about product liability cases can be easily cleared up if you take the time to understand how the system works and how to build a case against manufacturers. All that matters is that you can prove that a product is defective and doesn’t fit its intended use.
If you’re looking for an attorney at law in Birmingham, AL, MHM Firm has got you covered! Our team of legal professionals covers various practices, such as civil litigation, medical malpractice, and wrongful death. Because we understand the gravity of legal situations, we help our clients get the compensation they deserve. Reach out today for a consultation!