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Can You Sue A Company For A Defective Product?

June 9, 2019

You’ve purchased a product that you’ve had your eye on from one of your favorite handbag manufacturers or waist trainer manufacturers, and you’re excited about being able to start using it. However, when you start doing just that, you find that the product itself is defective in some manner or another. Obviously, this type of situation is one that makes you rather upset, especially if the product in question is one that you’ve spent a great deal of money on.

This situation is one that can naturally make you wonder whether or not you can sue a company for producing a product that turns out to be defective. In short, the answer to this question is yes; however, there are a couple of conditions that must constitute the filing of such a lawsuit. These conditions are as follows:

  • There is a defect in the product that is considered to be unreasonably dangerous.
  • The defect in the product has caused an injury to the consumer.

If neither of these conditions are met, then the chances are great that you will be unable to file a product liability claim against a company Over a product being defective.

Additionally, companies may also be sued further for defective products thanks to what’s commonly referred to as the law of damages. This refers to a seller or manufacturer being held liable in the event that a product they sell contains a defect considered to be unreasonably dangerous and ends up causing a consumer to be injured in a financial sense. For instance, imagine purchasing a new electrical outlet that turns out to be defective after you’ve installed it correctly. It catches on fire after plugging something into it, burns a small area of one of your walls, and destroys whatever has been plugged into it. This can then lead to a product liability claim.

This type of claim can become even more serious if a consumer is physically injured as a result of this type of situation. In this case, a company can be sued for extra damages that include pain and suffering on the part of the consumer.

On the other hand, many companies include disclaimers on the products that they sell, which are designed to prevent consumers from filing product liability lawsuits against the companies themselves. Additionally, these disclaimers are also used to help protect companies from specific risks that are associated with these same products. However, these same disclaimers may not offer any kind of protection for companies against products that overheat, explode, etc., all of which can cause injury to a consumer. Regardless, consumers should always take the time to speak with an experienced attorney prior to ignoring any kind of a possible claim against a company involving a defective product. This is because things like disclaimers, warning labels, and limited warranties are often not enough to help protect companies from harmful defects that can sometimes be discovered in their products.

While taking legal action against a company due to a defective product in the event of a dangerous defect and/or injury is always a good step to take, it’s also important to note that doing so doesn’t always necessarily mean that the end result will lead to changes in the manufacturing and/or design of the products in question, nor may it result in acceptable financial compensation for the consumer. Furthermore, an experienced attorney may also likely advise against taking legal action if the following was determined:

  • The injury suffered due to a defective product was too minor.
  • The consumer was not using the product for its intended purpose.
  • The consumer was acting in a careless manner.



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