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Defective Products

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What Is a Defective Product?

A defective product is any product that causes injury to a person due to faulty labeling, a design defect, or defective manufacturing. Defective products can include anything from food items such as an energy drink to carbon dioxide detectors to medical devices such as a knee implant. Generally the law that governs defective products is referred to as "product liability." This area of law refers to the responsibility held by the manufacturer, designer, distributor, or retailer of any consumer product to ensure that it does not cause harm to the consumer.

Common Product Defects

  • Design defects - defects of this nature are present in the product from the beginning, even before it is manufactured. Essentially it means that the design of the product is inherently unsafe and that every item of that design that is produced will be defective in the same way.
  • Manufacturer defects - defects of this type result from some abnormality in the manufacturing process and are more of a statistical exception in the manufacturing or assembly than the norm for that particular product.
  • Marketing defects - defects or flaws in the way the product is marketed like improper labeling, insufficient instructions or inadequate safety warnings.

Recovering for Your Injuries Caused by a Defective Product

Three conditions must exist to recover for injuries caused by a defective product:

  1. The product had an unreasonably dangerous defect
  2. The defect caused an injury while the product was being used in a way that it was intended to be used
  3. The product had not been changed substantially in terms of operation from the way that it was originally sold

Limitations on Recovery for Defective Product Injuries

  • You must not have known about the defect before using the product - if you decided to use the product despite the known defect, it may limit your recovery
  • Each state has a different set of statute of limitations, which is the time in which you are allowed to bring your claim
  • Products liability cases can be very time intensive, costly and detail intensive

Contacting an Attorney

If you or a loved one have been injured by a defective product, you should speak to with one or more Defective Products Lawyers immediately to learn more about preserving your rights and remedies. Certain defective products may be part of a class action lawsuit.

Vea esta página en español: Productos Defectivos o visita Abogados-Leyes.com para más información legal.

Photo of page author Peter Clarke

, LegalMatch Content Manager

Last Modified: 10-13-2017 02:40 PM PDT

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