Products make our lives
easier, but when they malfunction or cause an injury, they can turn our lives
upside down. If a faulty product has injured you, you will be questioning what
your subsequent step has to be. You have the right to take legal action against
the product producer and seek monetary reimbursement for your injuries. This
blog will provide some insight into defective product claims and getting
started.
Defective Product Claims- An
Overview
Consumers in the United
States have many rights granted to them by state and federal law. These rights,
which can get found in both statutes and judicial decisions, aim to protect
consumers from defective products, fraudulent business practices, and other
unfair trade practices. State consumer protection laws are often broader in scope than federal law and may provide
more protection to consumers. However, the Federal Trade Commission (F.T.C.) has the authority to enforce several
federal statutes that protect consumers’ right to information.
A defective products claim is a legal action that can be taken against the manufacturer or
seller of a product, alleging that the product is not fit for its intended
purpose and has caused harm. A defective product claim usually gets based on a
design defect, manufacturing defect or failure to warn. In an inferior product
claim, the plaintiff may seek money damages or have the product recalled or
banned from sale.
The law surrounding
defective products is complex, so it’s essential to get advice from a legal
professional if you think you have a case. Similarly, there are a few things to
consider before making a defective products claim.
● It is essential to understand your rights as a
consumer. Under American Consumer Law, consumers have several rights, including
the right to receive a refund, have the product repaired or replaced, and
receive compensation if the product has caused injury or death.
● It would be best to determine whether or not
the product is defective. People often assume their product is faulty when it’s
just something they’re not used to or don’t like. Not every problem with a product
constitutes a defect. Minor issues such as scratches or dents, for example, are
not typically considered defects. To have a valid claim, the problem with the
product must be significant and impact your ability to use it as intended.
● Determine whether the law covers the product.
In the U.S., the Magnuson-Moss Warranty Act protects consumers against faulty
products, and most states have their rules as well.
● It is essential to understand the statute of
limitations. It is the time limit that you have to file a lawsuit. The time
limit varies depending on the state in which you reside. In some states, the
statute of limitations may be as short as one year, while in others, it may be
as long as six years. In California, it’s two years. You should also be aware
that there are often different statutes of limitations for product liability
actions and breach of warranty actions. Product liability actions get brought
when a product injures someone or causes damage. Breach of warranty actions
gets obtained when a product does not meet the standards outlined by the
manufacturer. It could be because the product is defective or because the
seller did not disclose important information about it before you bought it.
● Lastly, remember not every defective product
claim is successful. There are many things to consider pursuing a case in
opposition to a faulty product. So be organized for everything.
How to File a Defective
Product Claim?
There are a few standard
steps that you should take while reporting a defective product claim.
1. Gather evidence. It includes photos of the
product, receipts, and any other documentation that can support your claim.
2. Contact the manufacturer. Many manufacturers
have toll-free numbers or online forms that you can use to report a defective
product.
3. File a complaint with the Consumer
Product Safety Commission. The
CPSC is responsible for regulating and investigating defective products.
4. Consult with an attorney. If the company does
or does not respond or denies your claim, you may need legal assistance in both
cases.
Garcia and Phan Personal Injury Lawyer can help you file a claim against the company
that manufactured the defective product. Our legal professionals have years of
experience protecting injured victims’ rights. For a free case evaluation,
please visit our Internet site or call us at 714.586.8298.
#workercomepnsationattorney
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