In our everyday lives, we often come across things that put us at risk. For example, one may eat a particular food and suffer from food poisoning. You may accidentally come in contact with chemicals and toxins that affect your respiration for a while. That skincare product you use may even lead to an acne outbreak.
We can try to be cautious, but accidents happen. But what if the harm you suffer is not just accidental but because the product is defective?
Understanding your consumer rights regarding defective products
The law of Sarasota allows you to file a personal injury claim if you sustain injury from a defective product. The product could be a car you bought that breaks down the moment you applied the brakes when on speed, causing an accident. It could also be a water heater that explodes when it gets too hot. If the explosion causes you harm, you have the right to file a personal injury lawsuit against the manufacturer.
The law may grant you compensation for the bodily harm you sustained. However, since defective product cases (product liability) can be difficult to prove, it’s best to have strong legal backing. An experienced personal injury attorney Sarasota well-versed in the local personal injury laws can help you evaluate your case and represent you in court, ensuring you get the compensation you deserve.
What if the product is defective but doesn’t cause you injury?
Note that for you to have a personal injury case, you must have sustained an actual injury. When a product does not perform as advertised but does not cause you bodily harm, you may simply have the option to return it.
If you only lose money because of the defective product, the warranty may cover you to get a replacement.
However, you may not be entitled to compensation if the harm was actually for fault. For instance, you may get an acne outbreak because you used a product not suitable for your skin type. It could be because you didn’t read the instructions properly.
How do you know if you have a defective product case?
Product liability cases can be quite tricky. That’s the foremost reason to consult a personal injury attorney as soon as you suffer harm. However, knowing the types of product liabilities can help you determine when you have a case.
Types of product liability
Defect in design – this is when the defect affects an entire line of products. For example, a particular phone model or electronic device overheats and catches fire. When several people complain of the flaw, and you sustain an injury, you have a defective product lawsuit.
Defect in manufacturing – a line of products can be sound, but one out of the lot was manufactured inaccurately, such that it malfunctions in a way that causes you injury. For example, a chair may be manufactured with a weak joint that causes you to fall and break a limb.
Defects in warning – some products require a written warning. When such warning isn’t provided, and the product causes hazard during usage, you can file for product liability. For instance, an appliance that overheats and explodes after working for over 6 hours.
Next steps
Indeed, no one can recover a lost limb or beauty when gone. But whatever the harm is, you may seek compensation so you can obtain the financial ability to live a standard quality of life. Get help from a personal injury lawyer near you.
