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Understanding Product Liability: Your Rights as a Consumer

By November 11, 2024News

At Losi & Gangi, we believe that every consumer should be informed about their rights, especially when it comes to product safety. Product liability is a crucial area of law that ensures consumers are protected from harm caused by defective or dangerous products. Here’s what you need to know about product liability and your rights as a consumer.

What is Product Liability?

Product liability refers to the legal responsibility that manufacturers, distributors, and retailers have for producing or selling products that are defective or pose a danger to consumers. If a product is flawed and causes injury or damage, those responsible for the product can be held liable. This area of law is designed to protect consumers from harm and ensure that they can seek compensation for their losses.

Types of Product Defects

Product liability cases typically fall into three categories:

  1. Design Defects: These occur when a product is inherently dangerous due to its design. Even if the product is manufactured correctly, a flawed design can make it unsafe. For example, a car with a design flaw in its brakes might pose a risk to drivers.
  2. Manufacturing Defects: These defects arise during the production process. A product might be designed safely but become dangerous due to errors or negligence in manufacturing. An example is a batch of medications where one bottle contains a harmful substance due to a mistake in the production line.
  3. Marketing Defects: Also known as “failure to warn,” these occur when a product lacks proper instructions or warnings about its safe use. For instance, a household cleaner that doesn’t include adequate safety warnings about its potential hazards could lead to injuries.

Your Rights as a Consumer

As a consumer, you have several important rights when it comes to product liability:

  1. Right to Safe Products: You have the right to expect that the products you purchase are safe for their intended use. Manufacturers and sellers are legally required to ensure their products do not pose unreasonable risks.
  2. Right to Compensation: If a defective product causes injury or damage, you have the right to seek compensation. This can cover medical expenses, repair or replacement costs, lost wages, and pain and suffering.
  3. Right to Information: You should receive clear and accurate information about the products you buy, including proper usage instructions and safety warnings. If a product lacks necessary warnings or instructions, it may be considered defective.
  4. Right to Take Legal Action: If you are harmed by a defective product, you have the right to pursue legal action against the responsible parties. This can involve filing a claim or lawsuit to hold manufacturers, distributors, or retailers accountable.

Steps to Take If You’re Affected

  1. Document the Issue: Keep detailed records of the product, including receipts, packaging, and any evidence of the defect or injury. This information will be crucial for any legal claims.
  2. Seek Medical Attention: If you’re injured, get medical help immediately and keep records of your treatment and expenses.
  3. Report the Problem: Inform the manufacturer or seller about the defect. They may offer a refund or replacement, but this doesn’t replace the right to seek legal action if necessary.
  4. Consult an Attorney: If you believe you have a product liability claim, consult with an attorney who specializes in this area. They can help you understand your rights and guide you through the legal process.

Understanding your rights in product liability cases is essential for protecting yourself as a consumer. At Losi & Gangi, we are dedicated to providing you with the knowledge and support you need. If you have any questions about product liability or need legal assistance, don’t hesitate to reach out to us. We’re here to help ensure that your rights are upheld and that you receive the justice you deserve.

For more information or to schedule a consultation, contact us today! 716.854.1446.