Our communities are empowered with knowledge and access to information. That's why we offer you accurate information about defective products that could harm you and your family. If you or one of your loved ones has been injured or sick by using or consuming any type of product that is for sale.
When we invest our money in a product, we are confident that the people responsible for producing it and taking it into our hands have been responsible for following all necessary steps to ensure our complete satisfaction and detect possible risks to our health or integrity. And in the event that the product is failed, we trust that this will be repaired, if possible, and if not, the consumer will be warned about the dangers and risks of its use.
However, some corporations put profit above public health. The rush to launch products to the market that will grow their business sometimes leads them to skip stages of the process of quality control or directly ignore these stages, resulting in damage, injury, illness and even death of their consumers.
Therefore, the laws of the United States have created a series of rules that protect the consumer, establishing procedures that must be met before making products available to the public, as well as mechanisms for the consumer to demand compensation in the event of being the victim of a defective product.
What is a defective product?
Legally we consider defective product ( defective product, in English) to any product that causes damages to a person due to a design problem, to a bad fabrication or to a deceptive label or with incomplete information. It can be products as varied as a chewing gum, a car, a prosthesis or a work tool.
What things could the compensation cover?
When we suffer an injury due to a defective product and our claim is successful, we can recover current and future medical expenses, lost wages, as well as receiving coverage for suffering and emotional distress.
When is the compensation applicable?
Generally, at the time of filing a lawsuit for defective products, it is necessary that with the help of a lawyer we demonstrate these three things:
That the product presents a dangerous defect.
That said defect caused an injury while the product was being used in the manner indicated.
That the product has not been modified in ways that would change its operation from the moment it was acquired by the user.
When a lawyer faces a case of this type, one of the main aspects on which he will focus his efforts will be on establishing responsibility for these products, which could fall on the designer, the manufacturer, the distributor, the seller or different combinations of the above, depending on the type of defect of the product.
The defects are usually part of one of the following groups:
Manufacturing defects: These are problems when mass producing the product in question. It is usually exceptions due to flaws in the procedure, and does not necessarily affect the entire production lot.
Design flaws: These are shortcomings that arise from the initial conception of the product, and affect the whole of a production batch, making each piece manufactured present the same defects, and therefore the same risks for the user or consumer.
Communication defects: Sometimes the problem is due to the way in which the product was announced or advertised. Also if the labels do not provide accurate and complete information or if the instructions for use of the product are not appropriate.
To be aware of some defective products you can also visit the page of the Food and Drug Administration of the United States (known as FDA, for its acronym in English: US Food and Drug Administration).
What to do if we are injured by a defective product?
First of all, be sure to get medical help immediately. Some injuries may seem mild at the beginning, but then they become complicated and it may be too late to receive the appropriate treatment. The sooner you are seen by a doctor, the better.
Once safe, gather the evidence. Ask your doctor for a detailed report of the damage caused by the use of the product. Also, be sure to keep the product that caused the injury, as well as the instruction manuals or labels with incorrect information, if applicable. This is very important, since everything we say to the authorities must be supported by evidence, and without them it will be difficult to claim the compensation that corresponds to it.
The laws are not simple, and in each case there are a number of unique factors that will define what your options are before the law and what is the appropriate strategy for you to get the compensation you deserve. This analysis is quite complex, which is why it is essential to have a lawyer to defend and accompany you during the legal process.