Did you know that you could be entitled to make an injury claim for compensation if you have been hurt as a result of using a defective product? Product liability claims are based on the theory of negligence. Product manufacturers have a duty of care towards their customers. It is their duty to develop products which does not endanger the lives of its users or does not pose a risk of injury or accident. When manufacturers fail to provide safe products to their customers, they may be held liable if someone suffers injuries as a result of using the product.
Customers expect the products they are purchasing to be safe. For example, food items must be free from contaminants and toasters should work without causing burn injuries or electrocution. When product defects cause accidents, illnesses and injuries to people, they can form the basis of product liability claims. There are a range of products which if defective can causes injuries and illnesses. Common types of potentially dangerous products include toys, electrical appliances, tires, automobile parts, cosmetics, frozen food items, etc.
In order to make an injury claim against the manufacturer of a product, it is important to prove that the product was defective. In addition, the customer will need to prove that he sustained injuries as a result of using the defective product.
Manufacturers are covered by insurance and an injury claim for damages usually fall into these categories:
1. Defective Manufacture – occurs as a result of a quality control failure
2. Defective Design – means that a product is dangerous because of its inadequate design
3. Defective Warnings – means that the dangers associated with using the product have not been highlighted.
4. Negligent Surveillance – means that a manufacturer has failed to warn customers about the product’s lack of safety after the issue with the product had been discovered.
A defective produce can be classed as a product where the safety standards are below what the customer is entitled to expect. For example, if you purchased a brand new chair which did not have information regarding warnings and restrictions, you may be able to make a product liability claim if you had a collapsing chair accident. But, if the same chair came with information regarding weight limits or restrictions which you broke, then you may not be able to put up an injury claim.
If you consider making a product liability claim, it is important that you have with your proof of purchase. In addition, you must obtain medical reports outlining that you actually sustained some form of injury. Taking photographs of the defective product and retaining manuals or instructions that came with the product can be useful evidence.