Product Liability
Dangerous or defective products result in injury to many consumers each year. Product liability cases are typically very complex and require more than just an understanding of the law. It can involve federal and state regulations, recent court rulings, the manufacturing and design process, and in some cases, a host of other very technical areas of expertise.
The legal remedy for injuries sustained from a defective consumer product vary from case to case.
Example: a line of electric blankets that can electrocute the user when turned on high
Example: a swing set with a cracked chain or a moped missing its brake pads
Example: An adequate written warning is required for a space heater that is prone to overheating and causing a fire hazard if left on for more than 12 hours or an electric tea kettle that is packaged without sufficient warning concerning its oddly positioned steam valve
The two main legal remedies for product defect cases are based on:
Negligence
Plaintiffs may collect damages from a liable defendant (i.e. the manufacturer and/or retailer) if he or she can prove that the manufacturer breached a duty owed to a plaintiff, that this breach caused an injury, and that the plaintiff suffered actual damages as a result. For example, a motorcycle that wasn't tested properly and loses a wheel, causing serious injury to the rider, would most likely result in the plaintiff receiving a monetary award for damages.
Strict Liability
Manufacturers are "strictly" liable for product defects occurring during the manufacturing process, regardless of the manufacturer's level of care. In other words, the plaintiff need not prove negligence in order to prevail in a lawsuit against a manufacturer for injuries caused by a dangerous product, as long as the defect resulted from a manufacturing error.
What to do
If a product is purchased that simply does not perform as advertised and does not cause any actual injury, then the consumer may be covered by a warranty and could have the option of returning it for a refund or exchange. If a defective product was purchased, and talking to the seller has not been effective, another option is to talk or write to the manufacturer of the product about replacing or refunding your purchase. Your warranty should list the company's mailing address. Send all letters by certified mail, return receipt requested, and keep copies of correspondences. Send a copy of the warranty, sales receipts and copies of prior warranty work (never send original warranty to the manufacturer).
In either case, depending on the circumstance, the manufacturer can be responsive or accommodating, and at other times, not. This is when it's advantageous for an experienced Products Liability attorney to work on your behalf.
Recovery in a products liability case can also be based on breach of warranty in less serious cases, such as for defective appliances, televisions or computers. A warranty is a type of guarantee that a seller gives regarding the quality of a product. The federal Magnuson-Moss Warranty Act (provide link) is designed to require certain minimum warranty rights and disclosures to be given to all consumers on all consumer products that cost more than $15. The Uniform Commercial Code (U.C.C.) (provide link), which has been adopted in part by every state, provides the basis for warranties in the United States.
Appliances
If you purchase a defective appliance (refrigerator, stove, dishwasher, washer/dryer or other) and you notice the defect within the warranty period, the manufacturer is required to send a repairman at THEIR expense. After several attempts and the appliance remains defective, the manufacturer is required to replace the appliance or refund the purchase price. Be sure to save a copy of the warranty, receipts or any other pertinent information. If the manufacturer fails to comply call our firm immediately for cost-free legal help.
If you purchased a new computer (including software and add-on devices) or other consumer electronic and discovered a defect within the warranty period, you may be entitled to cost-free legal representation and a new replacement or a full refund of the purchase price under the federal Lemon Law (Magnusson-Moss Warranty Act). First try contacting the company and document everything you are told and save everything you receive from the company. Keep them on a strict, short deadline in getting them to repair or resolve the problem. If the problem remains unsolved, give our firm a call and we will fight diligently on your behalf.
Computers & Consumer Electronics
If you purchased a new computer (including software and add-on devices) or other consumer electronic and discovered a defect within the warranty period, you may be entitled to cost-free legal representation and a new replacement or a full refund of the purchase price under the federal Lemon Law (Magnusson-Moss Warranty Act). First try contacting the company and document everything you are told and save everything you receive from the company. Keep them on a strict, short deadline in getting them to repair or resolve the problem. If the problem remains unsolved, give our firm a call and we will fight diligently on your behalf.