One of the benefits of our society is the presence of governing bodies that help protect us by regulating how products are marketed or sold. This allows us to go about our days without worrying about whether a product we purchase is safe. However, despite best efforts, some parts of the process sometimes make mistakes or don’t meet expectations. When this happens, the mistake or defect can injure or kill people, meaning you may need an experienced Mount Juliet product liability lawyer with the Law Offices of Christopher Eads.
It’s reasonable to think your products are safe when used within their labeled context. When they aren’t, you shouldn’t have to manage the costs of that product failure and may be entitled to compensation.
The type of law surrounding a defective product is known as product liability law. This type of law is for cases of injury when a product does not work as it should and causes injury or if the product is marketed in a way that could lead to misuse or injury. While not everything found on this list would result in a successful defective product lawsuit, the United States Consumer Product Safety Commission(CPSC) provides ongoing updates on products that have been recalled and their reasons for the recall and is a place to check known safety concerns about products.
Some of the many reasons a product may be determined defective are:
The causes of these defects will vary but can typically be attributed to design, manufacturing, or marketing. For example, a design error may lead to the failure of a necessary safety piece, which can cause injury or poor manufacturing of a well-designed piece. Marketing issues may be when marketing suggests uses beyond what a well-designed and manufactured product is for.
A defective product could be anything; we regularly see them in all industries and areas of the market.
Defective products in medicine are a large part of product liability law. One recent example of a defective medical product is transvaginal mesh, causing perforations and injuries for those who had it used to treat issues like prolapses. Recent concerns with misleading marketing also address the opioid epidemic and inaccurate marketing around certain opiates being ‘less addictive’ or appropriate for longer-term use than they are.
Infant and child products and toys are a large part of regular household items that must be recalled. The CPSC reports that many of these toys have pieces that come off too easily and present a choking hazard. In this instance, the company may offer a repaired replacement or some additional piece to ensure safety, or the packaging may need a new warning or label.
Many concerns with defective household appliances relate to fire or burn hazards. These may include air fryer handles that melt off or stovetops with a faulty control panel that poses an electrocution risk. Some other examples would be plastic pieces breaking in your ice machine, leaving unnoticed plastic shards in your ice that can cut you or make you choke.
All we can do to protect ourselves is to research our purchases and use good judgment if we see something that looks amiss. Beyond that, staying up to date on product recalls and registering your products when applicable to ensure you are notified of issues can be helpful. If you have experienced a severe injury or death, you can contact an attorney to help fight for your rights to compensation.
