Dealing with defective products during the holidays is one challenge of finding the perfect gift this holiday season. Trying to find the perfect gift can lead to last-minute gifting which can lead people to overlook the potential hazards a gift may pose. Purchasing these products comes with the risk of harmful or dangerous defects. 

Learn more about the dangers of defective products as well as how to check for recalls or other safety issues before making your next purchase.

What is Product Liability? 

Product liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer. When a product turns out to be defective or dangerous, those hurt while using it may pursue a claim for the damages suffered. A defective product lawyer will assist in determining if you have a valid product liability claim based on the injuries you have sustained from the defective product. By law, a product is required to meet the ordinary expectations of the consumer. When a product has an unexpected defect or danger, the product cannot be said to meet the ordinary expectations of the consumer. 

Who’s Responsible?

Once a product has been sold and bought in the marketplace, any person who foreseeably could have been injured by a defective product can recover for his or her injuries, as long as the product was sold to someone.

Liability for a product defect could hold any party in the product's chain of distribution liable, such as:

  • The product manufacturer;
  • A manufacturer of component parts;
  • A party that assembles or installs the product;
  • The wholesaler; and
  • The retail store that sold the product to the consumer.
Types of Defective Products

In a product liability case, you must prove that the product that caused injury was defective and that the defect made the product dangerous. For a manufacturer or supplier to be held liable, your claim must follow under the three types of defects that might cause injury. They include:

  1. Design Defects - Present in a product from the start, even before it is manufactured, therefore every product produced is considered to be hazardous.
  2. Manufacturing Defects - Those that occur in the line of a product's manufacture or assembly. In most cases, these products were designed correctly, but somewhere along the line, something went wrong in the chain of production. This could be something as small as a missing screw. 
  3. Marketing Defects - Defects such as improper labeling, faulty instructions, or inadequate safety warnings.
Steps You Can Take to Avoid Defective Products This Holiday Season

Check for product recalls. A product recall is a request from a manufacturer to return a product after the discovery of safety issues or product defects that might endanger the consumer or put the maker/seller at risk of legal action. You can visit find out whether the products you would like to purchase have been recalled. 

Read online reviews. There are reviews written for almost every product you can find online. Before making a purchase, do some research about the product, read other customer’s reviews, and make an educated decision. 

Be cautious of used/discounted products. Everyone likes to save money, but what if saving money actually caused you harm? Used or discounted products have a higher risk of injuring consumers. Products that are more expensive have lower risks because many cheaper products are poorly designed and made with low-quality materials. 

Check where products are manufactured. Millions of products are made overseas due to cost. Therefore, these products have little to no safety regulations. Check where the product you are interested in is made. To put your mind at ease, aim to purchase American made products only. Purchasing American made products may reduce your risk of purchasing defective ones. 

Have You Been Injured By A Defective Product?

When looking for a defective products lawyer, it can be difficult to choose from among the many options in your area. You should consider several factors, the most important of which are:

Experience: There’s no substitute for the insight and knowledge that comes from decades of experience in the courtroom and negotiating room.

Client relations: Your defective products lawyers should be open and honest with you in all of their dealings. Communication is vital.

Resources: As a result of The Cochran Firm’s nationwide network, we have connections with medical and product liability experts that will prove vital to your case.

If you or a loved one has been hurt by a defective product, you may find yourself in need of a defective products lawyer. While every case is unique, and the exact compensation available to you is determined by the circumstances of your claim, we can generally pursue compensation for medical bills, lost wages, diminished earnings, pain and suffering, and funeral expenses in case of a wrongful death claim. Contact The Cochran Firm today for a free, no-obligation initial consultation.