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What is a Defective Product?

Jan 27, 2019 | Defective Product

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If you’ve been injured by a product you’ve purchased, you are likely a victim of a defective product. When you purchase a product, you have certain rights as a consumer, mainly that you remain safe while that product is being used. In fact, product manufacturers, designers and distributors are legally obligated in the United States to ensure that products released onto the market do not pose an unreasonable risk of injury to consumers. When a company fails provide products that are safe to use for consumers, they can hurt many people and run the risk of a defective product lawsuit

There are many different factors that can determine a product defective, all relating to some sort of negligence, whether the manufacturer did not create the product correctly, the label was wrong or the product was sold unintentionally or in the wrong manner. Most legal claims about defective products involve one of the following:

  • Failure to Warn: The manufacturer did not include adequate warnings about the potential dangers of using the item.
  • Marketing Misrepresentation: The sellers did not provide instructions or warnings about how to use the product, or they misrepresent how the item should be used.
  • Design Defect: The very design or nature of the product itself is unreasonably dangerous and poses a threat to the consumer or user.
  • Manufacturer Defect: Something went wrong during the assembly which causes the product to fail or pose a threat to the consumer.

Defective Product Lawsuit

If you were injured by a product, you deserve to be compensated for any injuries you sustained. To prove that you were injured by a product, you must prove that your injury was directly caused by the product, which requires medical records and evidence in the form of photos.

You will also need to prove the product was defective. This part can get tricky and an experienced attorney is often needed to help determine this. If the product in question was being used as it was intended and the defect directly caused the injury, then you will have a strong case to be made against the responsible party.

If you were injured by a product, you need a defective product attorney on your side to help prove your case and get you the compensation you deserve. For more information about how Stewart & Stewart can help you with your defective product claim, give us a call at 1-800-33-33-LAW or visit our website for more information.

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