When you make a purchase, the manufacturer or seller makes an important promise to stand behind that product. Yet product liability lawsuits occur every day in the United States. When we encounter a damaged or defective product, our first reaction is generally irritation. Though sometimes, these defects can result in property damage, injury or death. No matter the degree of defect found in a product, we should never fail to report it to the manufacturer.
The Consumer Product Safety Commission (CPSC) states that manufacturers are required to take remedial action if one of their products contains a defect that creates a substantial risk of injury to the public. When determining if a manufacturer is liable for a defective product, the product is evaluated for what caused the initial fault. These include design defects caused during an initial planning stage, manufacturing errors or false advertising when the seller does not provide warnings, instructions or define the potential risks of use.
People have a right to be protected from the unreasonable risks of injury or death from the hundreds of poorly regulated consumer products that appear on the market annually.
Common defective and dangerous consumer products may include:
- Stairs, ramps, landings or floors
- Kitchen or household appliances, such as space heaters, ovens and water heaters
- Car seats or other child/infant seats
- Vehicles and vehicle equipment (regulated by the EPA)
- Consumables such as food, pharmaceuticals and pet food (regulated by the FDA)
If you or a loved one have been injured by a defective consumer product, it is crucial to act quickly. In the first several days after identifying a defective product, important physical evidence or documents critical to proving your case can be lost or altered, and witnesses may forget important details.
Five steps to take immediately after an injury caused by a damaged or defective product:
- Obtain names, addresses and telephone numbers of all witnesses.
- Obtain all identifying information about the product.
- Photograph the product, the scene and your injuries.
- Consult a personal injury attorney like Hupy and Abraham before answering questions from the product manufacturer or insurance company.
- Record all medical and related expenses.
If you have any questions about a harmful defective or recalled product, contact an attorney at Hupy and Abraham today. As well, if you are injured by a damaged or defective consumer product, contact us at 800-800-5678 for a free, confidential, no-obligation consultation regarding representation for the compensation of your injuries.