Businesses that manufacturer products take a lot of care, and take out a lot of insurance, to protect themselves and their customers from potential defects. However, the sheer number of recalls which take place are evidence that sometimes even the most stringent of testing missing problems. As a consumer, how can you legally protect yourself from a defective product and what can you do if you become a victim?
Depending on the severity of the defect, you may or may not be a good match for a lawsuit. If there are a number of victims, you may qualify to join a class action lawsuit should it come to that. You don’t necessarily need to be harmed by a product in order to file a lawsuit; simply being put at risk even if you avoided tragedy can be enough of a qualifier. However, what defines a defective product and how can you know if taking legal action is a good idea?
“Reasonable risk” is subjective
Unless a product makes a bold guarantee such as, “100 percent of people will re-grow hair with this product,” you’re getting into technical jargon territory. Most companies over-warn about products so that they’re protected. There are very few full guarantees, so have an attorney look at any packaging and warning labels before you take another step. You’ll be surprised by how well protected many businesses are.
It may take a judge or jury to decide if a warning was “adequate” or if a product was reasonably safe for its intended use. Also keep in mind that with food products, the federal government legally allows a certain percentage of “other things” like bug pieces to be in them. Basically, it’s going to take something major to qualify for a defective product lawsuit.
Testing the waters
There’s no way to find out whether or not you have a defective product lawsuit without speaking with an attorney. Research a local, reputable firm that specializes in defective products and schedule a meet and greet. A reputable attorney will offer a complimentary session to see if there’s a case and find out if you’d like to move forward. Remember that you also don’t have to use the first attorney you meet with.
This is a professional who may be by your side for years. If you suspect a product was unreasonably defective, there’s no harm in checking with a pro. You might deserve compensation and play a key role in preventing harm to other consumers.
