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Defective Products and Consumer Rights

7th Nov 2017
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Each year people are seriously injured by defective products. It's also possible for a person to purchase a product that does not cause them injury but is unable to function as advertised. In this situation, a person may be protected by some type of warranty. They should be able to return the item for an exchange or refund. It’s important for people to realize they have a right to compensation for any harm they experience from defective products.

Product Defect Claims

There are three categories of product defects. Each has its own specific legal remedy. A defect in design covers the creation of a product with design flaws. This could apply in situations where a vehicle's brakes malfunction because of their design. A product could also be defective because of a company’s manufacturing process. In this case, the design is not the problem, but the process created to make the product is flawed. A computer battery may not last as long as claimed because it was manufactured incorrectly. There could also be defects in products warnings. This could happen if a humidifier becomes a fire hazard if left on for more than 20 hours, but it is not mentioned in the warnings that come with the product.


There are four main types of warranties that affect products. There is an express warranty. This can be spoken or written and is a promise from a retailer or the product's manufacturer. It is required by federal law for an express warranty for products with a cost in excess of $10 be written. An express warranty must be labeled as limited or full. A full warranty is transferable and makes a consumer payment of certain type of fees such as shipping charges and more unnecessary. This type of warranty provides a consumer with the ability to chose a full refund or replacement of a product after a certain number of attempts to repair it. A limited warranty is designed, so it does not adhere to such requirements. A warranty that is implied is unwritten. It is an automatic protection for a consumer granted to them by the laws of the state where they reside. Some companies will offer lifetime warranties, but it important consumers read the fine print of a lifetime warranty. It could refer to covering a product as long as the company carries it, or only as long as it's provided by the manufacturer. Many states have laws concerning the definition of what is a lifetime warranty.


The types of products subject to liability law are everything from medical devices to consumer goods, vehicles, drugs, food and more. A manufacturer of these products has a duty to consumers to provide a product that will not cause harm when used properly. When a manufacturer fails to meet this duty, they are liable for any and all damages caused by their products.

Unsafe Or Dangerously Defective

If a product is dangerous to a consumer who uses it, the manufacturer will be responsible for any injuries it causes. The injured consumer will have a right to sue for damages. They will have the burden of proving the product was defective or unsafe.


The type of losses caused by a dangerous or defective product could be injuries, economic loss, loss of ability to work. A victim may be able to sue for pain and suffering that occurred and more. It's also possible for an unsafe and dangerous product to be in breach of warranty if injuries or damage result from its normal use.

Strict Liability

Any company that manufactures a product is considered strictly liable under the law for its products defects and any harm or damage that results. The level of a manufacturer's care does not matter. They will still be responsible for any type of error that occurs with the product.


A person who has experienced damage or physical harm from any type of product has the right to seek compensation. In some situations, using faulty products has even resulted in death. Attorney Robert May says “If someone is harmed as a result of using an unsafe or dangerous product, the manufacturer and all those responsible should be held accountable.”

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