Your Rights If You’re Injured by a Defective Product

Your Rights If You’re Injured by a Defective Product
Photo: Unsplash.com

Several defective products made the news recently. From Tesla’s autopilot system failure to Pam cooking spray explosions, some of these have seriously injured and even killed consumers who used them. It’s difficult to pinpoint how many consumers suffer the consequences of defective products each year, but given the number of recalls and lawsuits, it’s not insignificant.

The upside is the law protects consumers from harm caused by defective products. What follows are more details on some of the most publicized defective product lawsuits and what you or a loved one should do if you’re injured by one.

Recent Notable Defective Product Cases:

Tesla Autopilot Lawsuits:  Tesla’s Autopilot system, designed to assist drivers, has caused accidents with tragic consequences. Families of those killed have filed lawsuits, alleging the system malfunctioned or misled drivers about its capabilities. Additionally, some note Tesla’s marketing overstated Autopilot’s functionality, leading consumers to believe it was more hands-free than it actually is. 

The automaker has countered that they don’t claim the system is fully autonomous. Instead, Autopilot is a driver-assistance system. Tesla emphasized a responsible driver must remain attentive and ready to take control of the vehicle at all times.

Pam Cooking Spray Lawsuit:  In late 2023, a jury awarded a Pennsylvania woman $7.1 million for burns suffered after a can of Pam cooking spray exploded in her workplace kitchen. The lawsuit alleged the can’s design was defective and failed to warn about flammable contents, while manufacturer Conagra maintains the product is safe when used correctly and plans to appeal the verdict.

Zantac Cancer Lawsuits:  Certain heartburn medications, including Zantac, were recalled in 2019 and 2020 due to concerns about one of its ingredients, N-Nitrosodimethylamine (NDMA), which is a known carcinogen. Lawsuits are currently being filed by individuals who believe these medications caused them to develop cancer.

Who Are You Suing for Your Defective Product Injury?

You may need to sue one or more of the following defendants for your defective product injuries:

  • Manufacturer: This is the most common defendant. They’re responsible for designing and making the product, so a defect during those stages could be the cause of your injury.
  • Distributor: The company that transported and delivered the product to the store where you bought it could also be liable if they failed to handle it properly or provide adequate warnings.
  • Retailer: The store that sold you the defective product might be a defendant if they didn’t  inspect it properly or provide sufficient warnings about potential dangers.
  • Other parties involved in the supply chain: In some cases, depending on the complexity of the product’s journey from conception to your hands, other parties in the supply chain could be involved. This might include companies that provide parts for the product or those responsible for packaging. 

On a side note, an example of defective packaging is Proctor & Gamble’s current recall of millions of batches of Tide Pods and other detergents sold in zipper bags. The zipper can split open, allowing access to the pods inside, which can be harmful if swallowed. Children and other vulnerable populations are most at risk due to this packaging defect.

How Can a Product Liability Attorney Help?

Attorney J.J. Dominguez of The Dominguez Firm stresses the importance of seeking legal help. “These cases can involve multiple corporate defendants and jurisdictions. That’s a lot for an attorney inexperienced in product liability law to handle, let alone a layperson. A seasoned product liability attorney can help you navigate the legal process and understand your rights. Don’t take on the big corporations by yourself, seek legal help.”

Take Action

If you’ve been injured by a defective product you need the services of a product liability attorney.  They can guide you through the process, fight for your rights, and ensure you receive fair compensation for your injuries. Remember, you deserve to be safe when using products, and the law holds manufacturers accountable for putting defective items on the market.

Disclaimer: “The content in this article is provided for general knowledge. It does not constitute legal advice, and readers should seek advice from qualified legal professionals regarding particular cases or situations.”

 

Published By: Aize Perez

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