Consumer Rights on Defective Products

Michael S. Callahan | | Product Liability
consumer rights on defective products

In the ever-evolving world of consumer products, ensuring safety and quality should be a top priority. Unfortunately, despite stringent regulations and quality control measures, defective products can still find their way into the hands of unsuspecting consumers, posing potential risks to their safety and well-being.

In such cases, understanding your rights with faulty and defective goods becomes crucial. The law on defective products establishes how to hold the responsible parties accountable. Whether it be the manufacturer, distributor, or seller, they can be held liable for any harm caused by their product.

At The Callahan Law Firm, we understand the impact that a defective product can have on your life. That is why our team is dedicated to empowering consumers by providing valuable information on this important topic while also offering legal representation should this need arise. We will work diligently to ensure that the responsible parties are held accountable for their negligence and that you receive the compensation you deserve.

Understanding Defective Products and Consumer Rights

A defective product is any item that fails to perform as intended, potentially putting the user’s safety or well-being at risk. These defects can arise from various issues. Depending on the nature of the defect, consumers may be entitled to pursue claims for design, manufacturing, or labeling defects.

  • Design defects occur when a product’s inherent design renders it unreasonably dangerous or fails to meet safety standards, even when manufactured correctly.
  • Manufacturing defects arise from errors or deviations during the production process, resulting in a product that deviates from its intended design specifications.
  • Warning and labeling defects pertain to products that lack adequate warnings or instructions regarding potential risks or proper use.

Liability for Defective Products

When a consumer suffers harm or injury due to a defective product, liability can be established through various legal theories, including negligence, strict liability, and breach of warranty.

In a product liability case, there are three key elements that you, as a consumer, may seek to establish:

1. Negligence

To prove negligence, the consumer must demonstrate that the party responsible for introducing the product to the market failed to exercise reasonable care in the design, production, or distribution of the product. This means showing that during the manufacturing or distribution process, there was or should have been knowledge of a problem with the product’s suitability for its intended uses while establishing they suffered direct harm due to the negligence.

2. Strict liability

Some states uphold strict liability, meaning consumers only need to prove a product was defective, and the manufacturer’s negligence does not need to be proven by the consumer. What constitutes a defective product varies slightly from state to state, but generally, a defective product is one that is found to be unreasonably dangerous for its intended purpose. Once this fact is established, the manufacturer can become liable for damages caused by the defective product.

3. Breach of warranty

This refers to a seller’s failure to fulfill the terms of a claim or promise outlined in the warranty. When sellers make claims or offer warranties about their products, they are legally obligated to uphold them.

Recourse for Consumers

Steps to take if a consumer encounters a defective product

If a consumer encounters a defective product, it is essential to take prompt action.

The first step should be to contact the seller or manufacturer and provide relevant details about the purchase, including any documentation or evidence of the defect.

Resolving issues and getting compensation

Depending on the circumstances, you, as the consumer, may be entitled to various remedies, such as refund, replacement, or repair of the defective product. In more serious cases, you may have grounds for compensation such as lost wages, medical expenses, and property damage. Now would be the time to reach out to our product liability attorneys at The Callahan Law Firm to ensure you get the representation you deserve.

Impact of purchasing “final sale” items and associated consumer rights

It is important to note that purchasing “final sale” items does not necessarily negate a consumer’s rights. Even in such cases, the seller or manufacturer may still be liable for any defects that render the product unsafe or unfit for its intended purpose.

Inherently Dangerous Products and Recalls

Inherently Dangerous Products and Recalls

By their very nature, certain consumer goods carry inherent risks and are more prone to defects that can lead to recalls. These include:

Medical devices

Those who manufacture medical devices bear the crucial responsibility of ensuring that all the products they sell are safe for the human body.

If you have been impacted by a defective medical device, such as a defective artificial hip, breast implant, hernia mesh, insulin pump, gastric lap-band, defibrillator, birth control implant, knee replacement, or any other defective medical device that has caused you harm, you may be eligible for compensation.

Motor vehicles

On the road, defective products have caused havoc due to off-road-vehicle accidents, defective airbags, fuel-fed fires, exploding gas tanks, rollover accidents, defective seat belt systems, and as a result, many individuals have needed to pursue litigation against manufacturers.

If you have suffered the impact of a defective motor vehicle, the defective products attorneys at The Callahan Law Firm will put together a team to prosecute your motor defect claim. With our founding attorney, Michael S. Callahan, and his mechanical engineering background and extensive trial experience, your case is in good hands.

Baby and Kids products

As a parent, you put your trust in the safety and design of the products you purchase for your children. When your child is harmed or impacted by these products, it can be devastating. Our firm can help your family recover justice and compensation if it is evident the manufacturing of products such as toys, car seats, Ikea furniture, strollers, children’s medications, and car seats has caused harm to your child.

Drugs

When pharmaceutical companies introduce new drugs on the market, they have a duty to rigorously test them to identify possible side effects. Without adequate testing, people who take drugs to improve their well-being or treat their condition can be seriously harmed. Contact us to discuss how we can help if you or a loved one has been impacted by defective drugs such as:

  • Zithromax (Z-Pak)
  • Pradaxa
  • Topamax
  • Fosamax
  • Yaz/Yasmin
  • Accutane
  • Zocor

Toxic chemicals and materials

Chemicals are dangerous by nature and are often put on the market without fully grasping the potential danger they can cause to consumers, without adequate warnings or instructions for their use. Inherently defective and dangerous chemical and material products include household cleaning solutions, pesticides, hair dyes, swimming pool chemicals, cosmetics, and even paint.

Foods

With failure to maintain quality control and possible contamination, food runs the risk of defective products. This can make people seriously ill and cause harm to not only one but a large group of consumers if the food is produced in large batches. If you have suffered impacts from defective foods, we can help you by thoroughly investigating your case and advocating for you in compensation. Our attorneys have the skills and resources to take on cases involving:

  • Hepatitis A
  • Salmonella
  • E. coli
  • Listeria
  • Botulism
  • Viral gastroenteritis/norovirus
  • Campylobacter
  • Bacillary dysentery/shigella

Empowering Consumers, Ensuring Safety

As a consumer, you have rights. In the tragic event that you or a loved one has endured serious harm or even wrongful death due to a defective product, understanding these rights is crucial to ensure you get the justice that you deserve.

While the prospect of pursuing legal action against a manufacturer or retailer may seem daunting, it is important to remember that consumer protection laws are in place to safeguard your rights with faulty goods and hold companies accountable for their products’ safety and quality.

At The Callahan Law Firm, our commitment to consumer protection and product safety is unwavering. We stand ready to assist individuals who have been affected by defective products, providing compassionate legal guidance and representation throughout the entire process.

Contact us today, and let us help you. Together, we can empower consumers and hold manufacturers and retailers accountable, ultimately fostering a safer and more responsible consumer marketplace.