People rely on products to make their lives easier and safer. But what happens when these products turn out to be faulty or dangerous? That’s where the manufacturer defect lawsuit comes into play.
These legal actions commonly are brought by consumers who have been harmed or suffered losses due to defects in items they purchased. The lawsuit holds companies accountable for the products they create to ensure consumers’ protection. Keep reading to find out more!
What Is a Manufacturer Defect?
A manufacturer defect is a mistake that usually happens when something goes amiss while making a product. Usually, these mistakes only affect a few of the products made. Sadly, just one flawed product can lead to accidents causing death or injury.
Research conducted by the US Consumer Product Safety Commission (CPSC) shows that each year, about 21,400 people die and 29.4 million get hurt because of unsafe or faulty products.
Under the law about product responsibility, the product developers are held accountable for mistakes, even if they do not know about them. Thus, product developers need to make sure the things they create are safe for people to use.
What Are the Examples of the Manufacturer Defects?
Manufacturers can make various kinds of mistakes, but some happen more often. Here are some examples of product defects that may lead to accidents:
- missing or incomplete parts;
- wrong installation or putting things together;
- parts made incorrectly;
- incorrect programming or calibration; and
- problems with the materials used.
How to Prove the Manufacturer Defect?
Before starting to file a manufacturer defect lawsuit to get proper compensation, you should prove the fundamental evidence. Let’s see what each of these criteria requires for proof!
1. Faulty Part of the Product
Mistakes when making things can happen in different places. The stuff we use is usually made of many pieces and parts, some of them come from different places. Typically, common manufacturing mistakes include:
- using bad materials;
- placing electrical parts the wrong way;
- having broken bolts or fasteners;
- not having all the parts; and
- making mistakes when putting things together.
2. Injury from Regular Use
If a defective product causes you harm, it’s crucial to document it. You can take pictures of your injury from when it happened, during healing, and when the doctor says you’ve healed as much as possible.
Additionally, visiting a doctor soon after the injury creates a record from an independent source. Therefore, keep all appointments and follow medical advice. Evidence to support your injury claim typically includes pictures of injuries, medical records, and the doctor’s statements.
3. Financial Loss Due to Injuries
Another method to show the manufacturer’s mistake is when you face financial losses due to the injury. Keep track of all the money you spend after getting injured.
In addition, having evidence of these expenses helps to demonstrate what you should be compensated for, like medical bills, transportation costs for healthcare, bank statements, and proof that you missed work causing lost wages.
How to Start a Manufacturer Defect Lawsuit?
Have you been injured or faced losses because of a problem with a manufacturer defect? Here’s a simple guide on how to take legal action against the manufacturer of the faulty item!
1. Checking if Your Case Is Valid
Before going to court, you need to know if your claim is valid. This means figuring out if the problem happened while making, designing, or advertising the product. You also have to show that the problem caused your injury.
2. Collecting Proof for Your Case
Once you’re sure about your claim, gather evidence to prove the problem. This can include defective products, photos, videos, medical records, and the accident witnesses. Therefore, you need to prove that the product’s problem caused your injury and not something you did.
3. Getting a Good Lawyer
Filling a manufacturer defect lawsuit can be tough. So, it’s a good idea to find a reliable and experienced lawyer. As a result, they’ll fight for you, explain complicated stuff regarding the legal process, and deal with the other side to make sure the case goes well for you in court.
4. Making a Legal Complaint
Usually, the manufacturing company agrees to settle with the casualty. However, you have to reply within a certain time to get your share. This way, your lawyer will tell you when and how to act on your case.
If the company doesn’t come to an agreement, you may have to take the matter to court. This action will absolutely make the company feel pressured to fix the problematic product.
5. Taking Legal Actions
If the company still won’t settle, you might have to start a lawsuit against them. The process can be complicated, so I recommend that you have a skilled and experienced lawyer to assist and help you win your lawsuit.
6. Asking for Payment for Your Injuries
In the US, the time to begin a case might vary, usually between 2 to 6 years. If you win, the company will cover expenses such as medical bills, wages lost since you’ve been injured, and emotional or psychological damage.
How Much Does the Manufacturer Defect Settlements?
The amount of settlements in a manufacturer defect lawsuit can vary significantly. It depends on various factors, such as the severity of the injury or damage caused by the defective product, the expenses, the strength of evidence, and the negotiation skills.
However, typically the settlements can range from a few thousand dollars to millions, or even more in certain high-profile or extremely severe cases. Therefore, it’s essential to consult with a legal professional who has experience in product liability cases to better understand what settlement amount to get for a specific situation.
Consult with a Lawyer to Start a Manufacturer Defect Lawsuit!
In summary, if a product causes harm to someone they can take legal action to protect themselves. Therefore, as a buyer, you should inspect the products that you would buy to be safe to use.
Nonetheless, sometimes, even if you’re careful, numerous factors, like design problems or wrong labels can cause dangerous accidents. To secure yourself, use our guide to start a manufacturer defect lawsuit legally and hire a lawyer to get the best outcome!
