We have come a long, long way from the days when families made their own soap and clothes and had very little need for commercially-made products. The Industrial Revolution sparked an entirely new way of living, and now today few households can function without purchasing goods from a multitude of manufacturers. Everything from refrigerators and clothes to cars and lawn mowers are available to purchase, but they aren’t always safe.
Due to the growing number of people who have been injured or killed by malfunctioning products, product liability became its own law focus in the last half of the 20th century. Driven by mass production and consumerism, product liability law allows consumers to seek compensation when a defective product causes an injury or death. So how do you know if you’ve experienced a situation in which you could legitimately pursue legal action over a product malfunction?
An Injury and/or Loss Occurred
It’s easy to say that you almost suffered a major tragedy at the hands of a defective product, but unless something concrete occurs and can be proven, a lawsuit will be difficult. A very common product liability issue right now revolves around Segways, the trendy two-wheeled battery-powered vehicle that moves using nothing more than the weight of the standing rider. The Segway batteries have been exploding and causing physical and financial damage, leading to a host of lawsuits.
A Product is Truly Defective
Products can be declared defective in a number of ways. A manufacturing error asserts that a flaw formed during the creation of the product, whereas a design defect claims that the product’s own design caused unreasonable danger. A defect can also fall under the category of a failure to warn, where the manufacturer or seller did not warn a consumer of the hazards associated with the product.
If the product’s defect caused your injury while you were using the product in the proper form, it’s time to call a The Law Office of Joseph P. Bartek today.