Product manufacturers are obligated to ensure that their products are safe from defects that can cause injuries or fatalities. Unfortunately, most companies fail in this obligation, exposing customers to the risk of death and injury when using defective products, including sporting gear, home appliances, automobiles, medical devices, and other products.
While manufacturers recall their products due to potentially dangerous defects, the recalls come a bit late for many consumers who’ve already been injured through the use of the gadgets. Fortunately, when injuries in accidents involving defective products occur, it’s possible to sue the manufacturer, seller, retailer, distributor, supplier, or another party who avails the product to the public. If a defective product has injured you, a personal injury attorney with suitable experience can help you pursue a defective product claim.
As a consumer, you don’t expect to suffer injuries while using a particular gadget. However, defective gadgets cause different injuries, even when using the gadget per the manufacturer’s instructions or specifications.
In most cases, defective gadgets result from a manufacturing defect, a defect in the design, or a failure by the manufacturer to warn of potential danger when using the product. A manufacturing defect occurs in the actual process of manufacturing the product. It may involve using substandard materials, while a design defect occurs when the design of the gadget itself is inherently defective or dangerous.
Defective gadgets can cause a wide range of injuries, including neck and back injuries, joint injuries, spinal cord injuries, whiplash & soft tissue injuries, broken bones and fractures, burn injuries, and brain and head injuries.
Forms of Defective Products
Defective gadgets can take various forms, including any of the following:
- Medical gadget defects, such as defibrillators and cardiac pumps
- Automotive defects, such as defective door latches, seat belts, tires, automobile fires, airbags, seat belts, etc.
- Sporting gear defects
- Industrial machinery defects
- Consumer products defects, including kitchen appliances, electronic appliances, and other household gadgets
- Children’s gadgets defects, including cribs, high chairs, clothing, and toys
- Swimming pool defects
- Medication defects, including mislabeling or unknown side effects
- Power tool defects
- Personal care or cosmetic product defects
- Portable generator defect
- Negligent labeling
Pursuing a Defective Gadget Claim
If a defective product has injured you, it’s possible to sue the parties involved in the product’s manufacturing and supply. Contrary to the common perception that an individual who actually purchased a defective product is the sole person who can pursue a defective product claim, the law allows anyone injured by a defective product to claim for damages:
- A purchaser’s family member who was injured by the gadget
- A borrower who was injured by the product
- An individual who purchased the product via a garage sale or online resale
- An individual injured by a third party’s use of a defective product
While anyone can pursue a defective gadget claim, it’s essential to note that a plaintiff will be required to have evidence that the defect was present in the product when he/she was using the product.
Who Should You Sue?
If a defective gadget has injured you, you can sue as many parties involved as you can. Any party in the chain of distribution may be held liable for the defect in a product. This may include the manufacturer, distributor, or wholesaler, retailer, and reseller.
In most cases, a manufacturer is usually held liable for a defective product as they are the ones who make it in the first place. However, a manufacturer may be off the hook if they act in due diligence and promptly recall all the defective products off the market before causing an injury to any consumer.
Retailers and distributors could be held liable for selling defective products or causing the product to become defective, perhaps through incorrect storage or usage.
Seek the Services of a Defective Product Claim Attorney
If you’ve been injured by a defective product, a qualified and experienced defective product claim attorney can help you seek compensation for the damages caused. These damages may include medical expenses due to the injury, lost wages, lost income, and consortium loss, among other damages. A good defective product attorney with experience in these cases will help you receive compensation within a short time and even maximize your compensation.