Defective products is another name for “products liability”. We use millions of products every day. Most products are safe or have labels that warn about hazards, so average people who take reasonable precautions have nothing to fear. However, there are products marketed every year that are dangerous or defective. These dangerous or defective products can cause injury to those who buy and use them. In some cases, the injuries are serious or fatal.
Designers, manufacturers, and sellers have a duty when putting a product on the market to ensure that it is safe. When they fail to do so, product liability is the term used to describe such a failure. If their product harms someone because of a defect, they are legally responsible for damages. Products may be defective because of the way they are designed, manufactured, or marketed. Several examples are:
- Design flaws: A car explodes on impact because the design of the car puts the gas tank in a vulnerable position in the car.
- Manufacturing defects: Quality control fails to properly inspect a seat belt with a defective clasp. The seat belt is ineffective in securing a car passenger during heavy impact, resulting in severe injury.
- Errors in Marketing: A hair removal lotion is released into the market that fails to warn consumers that prolonged application will cause chemical burns. A woman buys the lotion applies it for a prolonged period of time and suffers severe chemical burns which cause scarring or deformity.
What to do if injured when using a product
If you or a loved one has been seriously injured using a product, take the following steps:
1. Seek immediate medical attention.
2. If your injury occurred while outside your home, report the injury to your employer or the owner of the facility where the injury occurred. Make sure an incident report is filled out. Not only does this protect you, but by notifying the responsible parties, it may also help prevent others from experiencing a similar injury.
3. Preserve the product, including the label and packaging, if possible. If broken, do not repair the product.
4. Photograph the product. This is especially important when you cannot preserve the product or it is not a product that you own. Make sure to photograph important details, such as warning labels on the product. Do not discard or destroy the defective product but preserve it.
5. Note the date of your injury.
6. Write down all the facts of what occurred leading up to the injury. If family or friends were present during your injury, have them write down the details of what they observed as well.
7. Take photos of your injury.
8. Always speak to a personal injury lawyer before contacting your insurance company or speaking to an insurance adjuster or representative.
9. Do not delay in obtaining a personal injury lawyer to review your information and evaluate your case. The sooner investigation begins, the sooner your claim can be filed.
At the Law Office of Gunn McKay, we will come to your home or hospital to meet with you if you are without transportation. We will take your case on a contingency fee basis, meaning you owe us nothing unless we recover on your behalf. The initial consultation to evaluate your case is free.
With more than 30 years of legal experience including hundreds of actual trials, we are ready to provide aggressive representation to meet your needs.
Call Gunn McKay, 480-275-6660. He will personally answer your call.