Unfortunately, defective products sometimes reach the market. When they do, they can cause significant harm. From dangerous electronics to faulty medical devices, defective products have the potential to inflict severe personal injuries, making it essential for consumers to understand their rights and options for seeking compensation.
What Are Defective Product Laws?
Defective product laws, also known as product liability laws, are legal regulations designed to hold manufacturers, distributors, retailers, and other parties involved in the product’s supply chain accountable for harm caused by defective or dangerous products.
These laws provide consumers with the right to file a lawsuit for damages when a product’s defect results in injury, property damage, or even death.
Unlike standard personal injury claims, defective product lawsuits typically don’t require proof of negligence. Instead, they’re based on strict liability, which means that if a product is proven to be defective and caused harm, the responsible parties can be held liable, regardless of intent or negligence.
Types of Product Defects
Understanding the types of product defects is critical when filing a claim. Product defects generally fall into three categories.
Design defects: These occur when the product is inherently unsafe due to a flaw in its design. Even if manufactured correctly, the product’s design may still pose a danger to consumers. An example might be a vehicle with a design flaw that makes it prone to tipping over during normal driving conditions.
Manufacturing defects: These occur when a product is designed safely but something goes wrong during the production process, resulting in a dangerous or faulty product. This could be a batch of medication contaminated during production or a piece of machinery assembled with faulty parts.
Marketing defects (failure to warn): These defects involve inadequate instructions, warnings, or labels that fail to inform consumers of potential risks. A common example is when pharmaceutical companies don’t properly warn patients of dangerous side effects associated with medication.
Uncommonly Discussed Aspects of Defective Product Laws
While the general aspects of defective product laws are well-known, there are several lesser-discussed elements that consumers should be aware of when considering legal action.
Who Can Be Held Liable Beyond the Manufacturer?
Many consumers assume that only the product manufacturer can be held liable for injuries caused by a defective product. However, product liability laws allow multiple parties in the supply chain to be held responsible.
Depending on the circumstances of the case, potential defendants may include:
The product designer
The manufacturer of component parts
The wholesaler
The distributor
The retailer that sold the product
This aspect of the law is important because in some cases, a manufacturer may be bankrupt or located in a different country, making it difficult to pursue legal action directly. Targeting other parties in the distribution chain may increase the chances of recovering compensation.
International Product Liability
If you’re injured by a product made overseas, pursuing a claim may become more complicated due to jurisdictional issues. However, United States courts may still exercise jurisdiction over foreign manufacturers if their products are sold in the United States market.
This may create opportunities for injured consumers to seek compensation, even when the defective product was made in a different country. A skilled personal injury attorney familiar with product liability laws can help traverse the challenging legal issues that arise when international manufacturers are involved.
Statutes of Limitations and Repose
Time limits for filing defective product lawsuits are crucial. Every state has a statute of limitations, which is the timeframe within which a claim must be filed. These limits often range from one to four years, according to the Federal Trade Commission, depending on the state and the type of claim.
In addition, some states have a statute of repose, which places an absolute limit on how long after a product is sold or manufactured that a lawsuit can be filed, regardless of when the injury occurs.
This means that if you’re injured by a product years after its purchase, you may be barred from filing a lawsuit, even if the injury is recent. Statutes of repose often range from six to 12 years, according to the Duke University of Law, though the exact length varies by jurisdiction.
Class Action vs. Individual Lawsuits
When consumers are harmed by a defective product, they have two primary legal avenues to seek compensation: class action lawsuits and individual lawsuits. Each option has its own advantages and considerations, depending on the circumstances of the case and the severity of the injuries involved.
Here’s a closer look at both options.
Class Action Lawsuits
Definition: This legal option is for multiple victims harmed by a defective product to join forces and pursue a collective case.
Efficiency: This approach can be more efficient in handling claims against a manufacturer or other liable parties.
Distribution of Damages: Damages awarded in class actions are typically divided among all plaintiffs, which may lead to smaller individual payouts.
Individual Lawsuits
Definition: This legal option is for an individual to file a claim tailored to their specific injuries and losses.
Potential for Higher Payouts: An individual claim may result in a larger payout, especially if the injuries are severe or unique compared to those of other affected consumers.
Proving Defective Products in Court
In defective product cases, proving that the product caused the injury can be challenging, especially when intricate machinery or chemicals are involved. Consumers may need testimony from qualified engineers, medical professionals, or safety professionals to establish that the product was defective and that the defect directly caused the injury.
Moreover, injured consumers should preserve the defective product as evidence. If possible, keep the product in its original condition after the injury occurs, and avoid making any modifications or repairs. The product itself will often serve as a crucial piece of evidence in demonstrating the defect.
Economic vs. Non-Economic Damages
In defective product cases, consumers may be entitled to both economic and non-economic damages. Economic damages cover tangible losses, such as:
Medical bills
Lost wages
Future medical treatment
Rehabilitation costs
Non-economic damages, on the other hand, compensate for intangible losses, such as:
Pain and suffering
Emotional distress
Loss of enjoyment of life
In certain cases, punitive damages may also be awarded if the manufacturer’s conduct was particularly reckless or egregious. These damages are intended to punish the wrongdoer and deter similar conduct in the future.
What Should You Do if You’re Injured by a Defective Product?
If you’ve been injured by a defective product, it’s essential to take the right steps to protect your health and legal rights.
Seek medical attention: Your health should always come first. Make sure to document all medical treatment, as these records will be vital for your personal injury claim.
Preserve the product: Keep the defective product in its current condition. It will be an essential piece of evidence if you decide to file a lawsuit.
Document the incident: Take photos of the product, your injuries, and any damage caused. Make notes about how the injury occurred.
Consult a personal injury attorney: A skilled personal injury attorney can help you make it through the legal process, gather evidence, and determine the right course of action for your case.
Let Us Advocate for You
Don’t hesitate to seek legal advice if you’ve been injured by a defective product. We’ll help you take the necessary steps to protect your rights. Contact us at Harrell & Paulson today for guidance in Kaufman, Texas, or nearby areas, including Forney, Terrell, and Rockwall.
