Were you recently injured by a defective product? If so, you may be in a position to bring a lawsuit against the manufacturer, retailer, distributor, and/or wholesaler. All of these parties have a legal responsibility to ensure that their products, when used as intended, are safe.
What Is the Manufacturer’s Responsibility?
According to the law, manufacturers and sellers must use “reasonable means” to ensure the safety of their products. Reasonable means include:
- Test the product
- Ensure that none of the parts are defective
- Include proper instructions
- Provide a warning label if there is any danger of using the product
Products should be safe for general use. While some products may pose a risk to some populations, such as younger children, then there needs to be a warning label indicating that. Additionally, some products may be unsafe in certain environments, especially in hot or humid environments. But, regardless of the dangers, the consumer must be notified of them.
The laws also dictate that the product must be used in a reasonable manner. This means using the product in its intended way, or by following the instructions. Otherwise, it is possible for the other party to argue that the injured person did not follow instructions, which is what then led to the injury. Because these laws are not always clear what reasonable means or manner means, it can be helpful to work with a lawyer who has experience with defective product cases. Failing to understand the laws, or missing the state’s time limits can deem your case ineligible.
When Is a Manufacturer Held Responsible?
Here are the three ways a manufacturer or seller can be held responsible for a product that is defective and caused an injury:
- Breach of warranty
Whether a manufacturer is negligent, misrepresents the use of their product, or breaches an available warranty, they may be held responsible.
What are My Options Following a Product Injury?
If you are injured using a product that is intended to be safe for consumers, you may have legal options available. Of course, the first step is to receive medical care. If possible, begin collecting documents from the process, including your medical records. It is also important to report the defective product to the appropriate department. In most injury cases, you will report the product to the Consumer Product Safety Commission.
After receiving medical treatment, contact us to discuss your case. One of our experienced defective product injury attorneys can review your situation and help you decide which steps to take next. Working with a defective product lawyer may be valuable to your case, not only in helping identify the cause but also in exploring your legal options.