When a consumer buys a certain product, never did it cross their minds that the item they are buying is defective. When a product does not perform according to their intended use, it could lead to injuries or even death. The website of Habush Habush & Rottier S.C. ® revealed that there has been a spate of fatalities related to defective products. The law gives you the right to file a case and claim compensation due to a defective product.
When it comes to defective products, there are two legal theories that govern such cases:
- Negligence. A plaintiff can recover compensation if they are able to prove breach of duty on the part of the manufacturer and such action caused injury. Negligence in a defective product claim consists of four elements that should be met to get a successful claim namely :
- 1) duty;
- 2) breach;
- 3) causation; and
- 4) damages
- Strict Liability. This theory makes the manufacturer “strictly” liable for the defects during the manufacture stage, regardless of their level of care. This means that proving negligence is not necessary to nail the liability of the manufacturer.
There are three categories of defects that govern defective products: design defects, manufacturing defects, and failure to war23n. In design defects, you need to prove that the product was designed in such a way that it can bring unreasonable danger. In manufacturing defects, you need to show proof that substandard materials were used in the manufacture of the product. Finally, failure to warn involves the manufacturer not warning customers about dangers or side effects.
In a defective products case, you need to prove that such defects lead to your injury. It is not enough to argue that the injury you incurred was caused by using the defective product. Finally, you need to prove that you were using the product according to its intended purpose.