Products and consumables often fail to perform as advertised. The first thing you’d think of is getting in touch with the manufacturer or the retailer to claim warranty or the very best to return it. However, seldom the users may suffer from physical or mental injuries because of a defective product. In such a case, claiming a warranty or even returning the product is not enough. You’d need more than that to cover your loss and suffering.
How do you determine if you must file a claim?
You won’t need to file a claim, for example, if your refrigerator does not work when you plug it into the power source. However, if you suffer a serious injury due to a fault beyond your control, while operating the refrigerator, then you are eligible to make a claim. As the experts from Bey & Associates explain, you can file a claim against the manufacturer if you suffer injuries that are physical, mental, financial, or all of these, when using a product. Manufacturers need to assure the quality of their products before they sell them. The objective is to ensure that it is not harmful to the user in any way. If they fail to do so, they are liable to suffer the repercussions.
What may lead to an injury due to a defective product?
No manufacturer would intentionally promote or advertise a product that may affect the quality of life for its users adversely. However, there can be situations when a defective product may end up in the market, either due to negligence or unintentional ignorance. These defects can be grouped into three categories- defects in design, manufacturing, and warnings.
Defects in Design
Every manufacturer is required to create a prototype and a blueprint for the design of the actual product. The reason for doing so is to identify and eliminate any defects from the end product. However, if the defects in the design are left unchecked, the manufacturer is responsible for the injuries that may result from using the product. For example, if the design of a car braking system shows signs of failure when in use, it should not be included in the final product. The driver or the occupants of the vehicle may end up with fatal injuries due to such negligence.
Defects in Manufacturing
Likewise, there can be defects that develop during manufacturing processes. For example, a wristwatch may have sharp edges that may cause some serious injuries to the wearer. Such faults are also liable for filing claims against the manufacturer.
Defects in Warnings
Some products require to mention needed warnings for safe usage. Failing to mention such warnings on the products is also likely to cause fatal injuries to the consumers. For example, a heater may heat up too high if used for more than 12 hours and lead to fire hazards. Such warnings need to be mentioned on the products clearly.
A personal injury lawyer may help you build a case against the manufacturer and decide what sort of claim you must file. They may also assist you through the legal processes and obligations to ensure that you receive the rightful compensation for your suffering and loss. So, get in touch with your lawyer to have a better idea about your claim for personal injuries.