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Knowing Your Rights Against Defective Products

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Many households are still unaware of the possible dangers they are facing in utilizing substandard products. According to the accounts of the U.S. Consumer Product Safety Commission, more than 20,000 people die and almost 30 million are being injured annually due to defective products. Majority of these cases resulted into filing of product liability claims in order to recover damages and suitable reimbursements for the victims' losses and expenses.



Defects may occur in any products made by manufacturers or producers. These may vary from simple flaw in constructing a chair to error in creating an electronic appliance that made it explode after some time of usage.

However, product liability laws may cover not all injuries resulting from using a product. For instance, mishandling or improper use of such product may impede a victim from getting his compensation.

Types of product defects

Product defects may be categorized depending on what phase of manufacturing or handling does an item has acquired such deficiency.

• Design defects – occur even before a product has been created or in the planning stage. Usually, this type of defects arises due the manufacturer's objective to develop a product, which is more appealing to the eyes of the consumers so that they will more likely buy the product. Consequently, some safety standards are being disregarded in the design.

• Manufacturing defects – occur in the actual stages of product assembly or production. Whether a product design is being done manually or machine aided, problems and mistakes cannot be completely avoided.

This is the reason why product testing is always necessary for manufacturing companies to ensure that all their items passed under a strict safety standards. Failure to implement such may result to more troubles if the government has issued a recall order.

• Marketing defects – occur in the stage of selling or distributing the products. Even though a particular item has been proven free of any manufacturing defects, improper delivery or handling may damage the products. This specific mistake is under the responsibility of the distributor or the seller of the goods.

Legal actions

The product liability laws guarantee protection for the consumers who have been injured or died from an accident resulting in the utilization of a reasonably dangerous product. These give them the right to file their lawsuits against the company, wholesalers or retailers that manufactured or distributed it, depending on the type of defects seen on the product.

If the victims succeeded in proving that the product defects was indeed the cause of their injuries, they are eligible to receive the following compensations:

• cost of medical treatment and rehabilitation

• lost wages

• damage to property

• pain and suffering

• mental and emotional distress

• all other losses and expenses brought about by the injury

Nonetheless, since the actual filing of a product liability claim involves many complicated matters, it is always advisable to hire the assistance of a qualified personal injury lawyer who has the expertise in handling this particular type of case. Doing this will ensure that all the victim's rights will be properly defended and even increase the possibility of gaining a successful case verdict.
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