Consumer Rights in Product Liability Cases: What Protections Do You Have?
Every consumer needs to be aware of all the important consumer rights they have, especially if they are dealing with defective or faulty products. In product liability cases, consumers have many laws to protect their rights and hold the manufacturers, distributors, and retailers responsible for any defective product.
Understanding and dealing with these laws and protections can be very complex if you do not have proper knowledge about them. It is important to consult with an attorney who can help you know your rights and how you can hold the manufacturer, distributor, or retailer responsible in a product liability case.
Read this article to learn more about the protection that you have as a consumer and how you can get compensation if you have been harmed by an unsafe product.
Types of Product Defects and Their Legal Implications
Product liability cases can be caused by different types of defects that can result in damage or harm to consumers. It is important to understand the types of defects that can help in deciding the liability and how his case can proceed.
Manufacturing Defects
Manufacturing defects arise if a product is improperly made without making sure it is in line with the design specifications. If this defect makes the product dangerous, then the manufacturer can be held liable. This type of flow can be in a unit or even in a whole batch.
For example, if the seatbelt of your car does not work properly because it was not properly assembled like it was supposed to, then it can be classified as a manufacturing defect.
If you received such a product, then you can get compensation if the malfunction of the product has caused any harm to you, as it is the manufacturer’s duty to make sure that the product is made according to safety standards and is reliable.
Design Defects
Design defects are different than manufacturing defects as the product design itself is not good, which makes any product that is made based on the design faulty or dangerous to use. This defect is not only present in one unit but in every unit that is made based on this design.
For example, if you have an electric kettle that is not designed properly and whenever you use it, the handle gets too hot, which can cause burns to you, then the problem is not only in that specific unit but in the design of the kettle itself.
In such a case, you need to prove that the design is carefully made, keeping safety in mind, which is more dangerous or harmful than useful.
Failure to Warn
Some products are more useful than they are dangerous and need proper handling to ensure the safety of the user. In such cases, the company needs to warn the consumer properly about any harm the product could do. If the company fails to warn the user, then they can be held liable.
Legal Framework Protecting Consumers
Consumers are protected by many laws and regulations in a product liability case. Among all, one of the most important is strict liability, which holds all manufacturers, distributors, or retailers responsible for defective products.
Consumers can easily get compensation if they are able to prove that the product was defective and the cause was due to that defect in the product.
Consumers also have consumer protection laws like the Consumer Product Safety Act (CPSA) and the Federal Trade Commission (FTC), which make sure that all businesses are responsible and can not avoid responsibility if they sell harmful products.
The CPSA makes it compulsory for the manufacturer to recall the product and take corrective action if it is needed. The FTC helps protect consumers from fake or misleading marketing or product information.
Proving Liability in a Product Liability Case
If you have filed a product liability case, then you need to have evidence to prove that the product was defective so that you can hold the manufacturer, distributor, or retailer responsible for damages or harm that is caused.
First, you or the plaintiff need to show that the product is defective and has a design flaw or manufacturing defect or that the manufacturer failed to give a proper warning related to the potential hazard.
There should also be a direct link between the product’s defect and the injury that is caused to the customer while using the product. This can be proven by getting expert testimony and solid evidence.
Take Control of Your Consumer Rights Today!
If you or someone you know has been harmed because of a defective product, then take quick legal action. Consult with a professional legal expert to understand all the rights and protection you have and get the compensation you deserve.