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.
- Gather evidence. It includes photos of the product, receipts, and any other documentation that can support your claim.
- Contact the manufacturer. Many manufacturers have toll-free numbers or online forms that you can use to report a defective product.
- File a complaint with the Consumer Product Safety Commission. The CPSC is responsible for regulating and investigating defective products.
- 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.