The ticket clinic, Defective Product Lawyer Says: Buyer Be Aware
In the past, the rule of the day was "buyer beware". It was up to
consumers to inform and protect themselves from irresponsible companies
and dangerous products. Current law, however, is just the opposite. Now
companies are legally required to provide reasonably safe products. If
companies produce dangerous or defective products, consumers can sue
them for the injuries suffered as a result. Strict product liability
makes everyone in the production process, from component manufacturers
to distributors, responsible for the safety of the product. This makes
safe products a priority for both consumers and producers, which should
be the ideal situation.
However, the mere existence of this law
has not completely protected consumers from dangerous products. Often
companies are not careful and let defective products slip through the
production line, or they compromise the safety of their product to
reduce costs. Defective products reach the shelves every day, where
they can hurt consumers. When these products injure you, it is
important to find a lawyer and pursue the company, both to claim the
repayment you deserve and to protect other consumers from the defective
product.
A product does not even have to be defective for its
manufacturer to be liable under product liability law. If a product is
merely unsafe to consumers, every company affiliated with the
production, distribution, and retail of that product can be held
responsible. There are four different ways to legally establish product
liability for defective or dangerous products: negligence, breach of
warranty, misrepresentation, and strict liability.
A company is
considered negligent when it is responsible for providing a standard of
safety and does not do so. This includes inaction as well as careless
and intentionally dangerous practices. Breach of warranty occurs when a
product fails to carry out the claims of a seller. Companies are
obligated to fulfill any promises made to customers. Misrepresentation
refers to the expectations consumers hold from a products advertising
and promotion. If consumers are lead to believe, through advertising,
that a product is safer than it really is, the product has been
misrepresented. Finally, strict liability assigns the responsibility
for safety to every step of the production and distribution process. If
a product is defective and the defect injures a consumer, the company
is strictly liable and responsible for the injury regardless of fault
or intent.
A person only has three years to bring an action from
the time they become aware of the loss, the defect, and the
manufacturer. Any action that is taken has to happen within ten years
of the time the goods were supplied. This creates a limited window for
consumers to protect their interests, claim repayment from
irresponsible companies, and establish justice for dangerous business
practices. This area of law is very complicated and if you feel that
you have been hurt or injured by any product you should contact a
lawyer right away. An attorney will review your case and tell you from
experience what you could expect from pursuing a lawsuit.