Defects of products can result in various damages, including medical bills due to injury. When there is a product defect that leads to injury, the victim may be able to take action against the liable party.
There are various types of product defects, and the specific type often determines the identity of the responsible party. If taking action, there are some things to keep in mind.
Types of product defects
There are three main types of product defects: Design, labeling and manufacturing. Design defects typically occur due to some sort of negligence during the planning phase. Labeling, also known as marketing, defects refer to missing or inadequate warning labels or unclear instructions. Manufacturing defects occur during the production process. Examples include missing components, substandard materials and the use of toxic chemicals.
These defects may occur on a wide variety of products, including automobiles, medical devices, toys and medications.
Potentially liable parties
According to the National Law Review, there may be one, or a combination of, parties liable for a product defect. Potential parties include the parts manufacturer, product manufacturer, product supplier and product reseller.
Guidelines for taking legal action
If someone wants to take legal action against the potentially liable party, he or she must be able to prove negligence, including demonstrating that the defect exists and that the defect caused injury. According to FindLaw, there is a statute of limitations for a personal injury claim due to product defects. It is two years for injury and three years for property damage. The courts use comparative fault when determining damages, and it is not possible to recover for economic losses.
Suffering from an injury due to a product defect is unfortunate, especially when the issue was preventable somewhere along the way. Finding out the origin of the issue helps determine the next steps.
