SC Law Blog

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Tuesday, October 23, 2012

Injured by a Defective Product?

Have you suffered injury due to a defective consumer product? So many big companies participate in mass production of products which can be hard to spot potential defects before it is too late. This mass production has led to faulty workmanship, poor design, and in effect, injuries. Take for example, the current class action lawsuit against Suave Professionals. The Plaintiffs claim the product made their hair sticky and resulted in hair loss. The article describing this lawsuit is attached below:

Manufacturers have a duty to make a product safe for its intended use and to warn of any potential hazards that may accompany the use of the product. They must use reasonable care in the design, assembly, and distribution of the product. Product liability is an area of law that holds manufacturers, retailers, and distributors liable for the injuries caused to consumers from their defective products. There are three main types of product liability claims and they include: manufacturing defects, design defects, and failure to warn. A product liability claim may also exist on legal theories including: strict liability and breach of warranty.

Manufacturing defects occur in the manufacturing process and typically include poor workmanship. Design defects occur no matter how the manufacturing is done, the product design is inherently dangerous or useless. Failures to warn defects occur in products where damages could have been mitigated by containing an adequate warning. If a product is inherently more dangerous than a competent consumer would anticipate, the manufacturer can be held strictly liable for selling an unreasonable and defective product. A breach of warranty claim may exist where a product fails to conform to an express warranty. A breach of warranty claim may also exist where the product is not fit for its ordinary use.

If a defective product has injured you, make sure to keep the product. Store the product in a safe place and do not change or modify the product. Also, keep the packaging as well and identify as much information about the product as possible. Most likely, you are dealing with a product that was manufactured by a multi-billion dollar company and they can afford to pay you for your injury. Equally as likely, you are probably not the only one that has suffered injury due to the defective product. Pursue your claim with local attorney Daniel Selwa.  Pursuing your claim could result in compensation for you and could also prevent injury to others from the same defective product. Know your rights! 

1 comment:

  1. A breach of warranty claim may also exist where the product is not fit for its ordinary use.