Defective Product Claims Process  

        The United States has laws to protect consumers against defective products. In case a person gets injured because of a defect in a product, he can file for a claim under the product liability laws. These laws are quite different from personal injury laws, where the injured person has to prove negligence.

        If a person is injured due to a defective product, then the person has to prove in court two things. First that there was a defect in the product and second, the injury was caused a result of that defect. So, the question of holding the manufacturer responsible for negligence does not arise.

        The laws of product liability are covered by the statute of strict liability. As per this statute, the manufacturer is responsible for the defect immaterial whether the manufacturer was negligent or not. The main focus here is on the product and the defect in the product.

        Basically, there are types of defects possible in a product. They are design defect, manufacturing defect and marketing defect.

        As the name suggests, in design defect, there is a problem with the design of the product. Therefore, all products that are designed in the similar manner will be taken as defective.

        A manufacturing defect occurs during the process of manufacturing. This type of defect can affect just parts of the product or the entire product. Sometimes, the entire batch manufactured can be defective.

        Marketing defect relates to the fact that the manufacturer of the product did not inform the consumer about certain dangers associated with the product. For instance, there is no instruction manual to instruct the consumers on the use of the product.

        Once the lawyer has proved what kind of defect was present in the product, he then has to prove that the injury was caused on account of that defect. Here, the cause of the injury can be actual or proximate. In actual cause, the defect in the product is directly responsible for the injury, while in proximate cause, the injury would not have caused had the defect not be present. 

        After these two things are proven, the damages are calculated and awarded. The amount of compensation depends on what the court considers to be fair based on lost income, medical expenses due to the injury and other things of value that the person has lost.

        After this, the manufacturer has to recall all the products that are deemed defective and make changes to remove the defect and save his reputation. This step helps the manufacturer to avoid multiple defective product claims.




Defective Product Claims Process

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