Defective products can cause damages to people or property, injury, or even death. In the United States, consumer rights laws allow you to file product liability lawsuits against the manufacturers of defective products, and seek compensation for the damage caused by the product’s malfunction.
Is the product defective?
If you’re considering a product liability lawsuit, the first step should be to ensure that the product itself is actually at fault for the damage that occurred. In general, there are three types of product defects that can lead to a lawsuit:
- The product has a manufacturing defect, usually not present in all of the product units manufactured
- An aspect of the product’s basic design makes it unsafe for use, resulting in a defect common to all units manufactured
- There is a “marketing defect,” which means the product has been misrepresented as sold in some way
Once you have determined that the product is defective, the next step is to…
It is important to keep in mind that if you’re considering a product liability lawsuit, you must not throw the product away. The defective product itself will be an important piece of evidence to present your case. Of course, you should stop using the product immediately to avoid compounding any damage.
If the product has caused injury, make sure to tell your doctor about the source of the injury and how the incident occurred. A doctor’s report can be used as evidence in a product liability lawsuit.
If the product has damaged property, such as with a fire, photographs of the damage and any police reports, if involved, should also be collected to present your case.
Find the receipt or proof of purchase for the product, if possible (though it’s not required), and save any correspondence you have with the manufacturer. You should also avoid giving any statements to a manufacturer’s representative, if they attempt to speak with you regarding injuries that were caused by the defective product.
With your evidence in hand, it’s time to…
Consult a defective product attorney
It’s difficult to settle a product liability lawsuit in your favor without extensive knowledge of product laws, consumer rights, and other legal proceedings. An experienced attorney can help you ensure that your defective product lawsuit reaches the best possible outcome.
The Miami trial lawyers at Baron & Herskowitz have successfully represented many clients in product liability lawsuits. Contact us today to discuss the details of your defective product case.