When a product you’ve purchased doesn’t work as it should, it can be extremely frustrating. Not only have you wasted your money on something that doesn’t work, but you may have also been put in a dangerous situation if the product was defective.
It’s important to know your rights when it comes to defective products. You shouldn’t have to put up with subpar products that don’t work as they should.
There are a few things you can do if you’ve purchased a defective product. First, you can try to return the product to the store where you bought it and get a refund. If the store won’t refund your money, you can try contacting the manufacturer directly. They may have a policy in place for dealing with defective products.
If you can’t get your money back and the product is dangerous, you can report it to the Consumer Product Safety Commission. They will investigate the product, and if it is found to be defective, they will issue a recall.
Most importantly, if a defective product has injured you, you may be entitled to file a defective product liability claim and get compensation for your injuries.
What Is a Defective Product Liability Claim
There are many different types of defective product liability claims. The most common type of claim is when a product is defective and causes injury to the consumer. Other types of claims can include when a product is defective and causes property damage, when a product is defective and causes financial loss, or when a product is defective and causes emotional distress.
A defective product liability claim can be filed against the manufacturer, the designer, the seller, or any other entity involved in the chain of distribution of the product. In order to succeed in a claim, the plaintiff must prove that the product was defective and that the defect was the cause of the injury, property damage, financial loss, or emotional distress.
Plaintiffs can recover compensatory damages, punitive damages, and sometimes even attorneys’ fees.
What Are the Types of Defective Product Liability Claims
There are three main types of defects that can give rise to a defective product liability claim: design defects, manufacturing defects, and marketing defects.
Design defects are defects or flaws that are inherent in the design of the product. This could be a problem with the way the product is designed, or with the way it is supposed to be used. Defect designs mean that the product is not safe for use, even if it’s manufactured correctly. An example of a design defect would be a car with a design flaw, such as a car’s brakes failing to work properly or making the car susceptible to rollover accidents.
Manufacturing defects are defects that occur during the manufacturing process. This could be due to a problem with the materials used, or with the way the product is put together. An example of a manufacturing defect would be if there was a problem with the way a car’s brakes were manufactured, and as a result, the brakes failed to work properly.
Marketing defects occur when there is a problem with the product’s marketing, such as false advertising. This could be because the product was not labeled correctly, or because the instructions for use were not clear. An example of a marketing defect would be if a car company claimed that their car had a certain safety feature, but the car did not actually have that safety feature.
If a defective product has injured you, you may have a claim against the manufacturer or another party. Product liability claims can be complex, so it’s important to speak with an experienced attorney who can help you navigate the legal process.
At MHM Firm, our experienced attorney at law in Birmingham, AL, can help you determine if you have a product liability claim and, if so, what type of claim is best suited for your particular situation. We have a thorough understanding of the legal process and can help you navigate the complexities of the law to get the best possible outcome for your case. Let us help you determine the best course of action. Schedule an appointment with us today!