It's your big day.
You've been planning your dream wedding for over a year now, and the day is finally here.
All the hard work, planning, and preparation is about to pay off, and your fiance will soon be your husband.
Except something completely unexpected happened.
Your face is starting to swell up because of your makeup.
You check the packaging, and there's nothing on it that would indicate any reason you should've reacted to it.
It's the same makeup you've always worn, and you've never reacted like this before.
But none of that matters because now your big day, and all your pictures are ruined.
This is a perfect example of a defective product.
When you buy something, you expect it to do what it's supposed to do.
You aren't expecting it to hurt you, damage your property, or ruin your big day.
In the article below we will discuss the three types of defective products, and what you can do if you're affected by a defective product.
Table Of Contents
- Defective Manufacturing
- Defective Design
- Defective Marketing
- Can I Sue If I Was Injured By A Defective Product?
- What Am I Entitled To?
- Were You Injured By A Defective Product?
1. Defective Manufacturing
Sometimes, a product will make its way onto a store shelf with flaws the manufacturer did not intend to exist.
They somehow sneak through every quality assurance inspection and inevitably end up in the hands of unsuspecting customers.
These types of defects generally only happen in relatively small numbers of any given product, not an entire line of products.
Maybe something wasn't glued on properly, or there's a part missing altogether.
Something like a batch of over-the-counter medication being contaminated with a harmful substance in the factory, or a car being sold with faulty brakes.
With these types of defective product cases, the defect needs to be directly responsible for the accident or injury.
2. Defective Design
Another type of defective product is one that is designed in a way that makes it more dangerous than it needs to be.
A real-life example of this would be in 2013 when Jeep recalled vehicles that had fuel tanks installed behind the rear axle, making them prone to exploding when if they were involved in a rear-end collision.
Another example of this in the auto industry is a car with a top-heavy design that makes it more likely to roll over when going around curves or through tight corners.
Just like defective manufacturing cases, the accident or injury needs to have been directly caused by the design flaw.
If you wreck your car because you're texting while driving, that doesn't make the manufacturer liable.
However, if you're rear-ended at a stoplight and your Jeep explodes, the manufacturer is liable due to the design of the Jeep.
3. Defective Marketing
Certain types of products have obvious hazards, but not all dangers are easy to see.
If you're using a butcher knife, you assume the risk of accidentally cutting yourself.
However, when you take any type of medications, they need to be labeled with their possible side effects or potentially dangerous interactions. Those are dangers that are not easy to predict.
If a cleaning product you use contains a chemical that could irritate your skin or eyes, that needs to be made obvious. That's another danger that is not easily predictable.
Every product you buy should come properly labeled with things like instructions, the products purpose, and a warning label.
Can I Sue If I was Injured By A Defective Product?
Now that you know that the products we buy can be defective, is there anything you can do if they cause an accident or injure you?
Yes, you can. You can sue the party responsible for the defect that caused you harm.
The person responsible for the defect will change from case to case and depends on the type of defect.
Compensation for injuries arising from a defective product may be assigned to the manufacturer of the product, the manufacturer of a specific component or ingredient, the company that assembles the product, the wholesaler, advertiser, or retailer of the product.
It's important to remember that you are not limited to file a claim against a single individual or company that is liable for your injuries.
Multiple parties could be at fault, and you can take legal action against any or all of them.
Before you pursue a lawsuit due to a defective product, make sure you meet the following criteria:
- You used the product as it was intended to be used
- You followed the provided directions and considered all warnings
If you used the product correctly, and your injuries were due to something you weren't warned about, you may have a product liability case and should speak with an attorney as soon as possible.
How Much Am I Entitled To For My Injury?
The size of your settlement will depend on the state you live in, because each state has different laws and many states cap damages that are able to be collected.
Here are some of the costs that you could be compensated for:
- Medical costs, disability costs, lost wages, and property damage
- Loss of consortium, pain, and suffering.
- Punitive damages may be awarded in some states depending on the severity of your injury and the actions taken by the responsible party.
Were You Injured By A Defective Product?
If you're like the bride we talked about earlier, and you've been affected by a defective product, you should contact a lawyer right away.
Although they won't be able to fix your wedding pictures or keep your jeep from exploding, a good attorney will be sure you receive proper compensation.
We should be able to buy products without worrying about them injuring us or causing an accident, so if you weren't afforded that luxury, you need to get the compensation you deserve.
The lawyers at The Brown Firm have years of experience and expertise handling product liability cases.
So if your makeup ruined your wedding, contact them right away, and they will do all they can to right your wrong.
Click the button below to get started.