Defective Products and Consumer Rights

Consumers have the right to expect the products they purchase to be safe and function as advertised. Yet, in 2023, more than 750 million defective products were recalled across the United States. Defective products can cause serious injury to consumers, whether it is a kitchen appliance that overheats and causes burns or a toy that is unsafe due to a choking hazard.

Defects in everyday products raise important questions about product safety, consumer rights, product liability, and what legal protections are in place to hold product manufacturers accountable. If you suffered injuries caused by a defective product, it is important to understand your rights and the steps to take to recover damages.

Understanding Product Liability

Product liability is the legal responsibility of manufacturers, distributors, and sellers of products for any injuries caused to consumers by their products. Consumer protection laws ensure that the injured party can seek compensation when someone suffers injuries because of a defective product.

Types of Product Defects

• Manufacturing Defects: this occurs when there are errors in the manufacturing and production process, which causes some of the products to be defective
• Design Defects: design defects occur when a product is flawed due to faulty design, and this defect affects most or all of the products that are manufactured
• Warning and Marketing Defects: this occurs when a product does not have sufficient safety warnings or clear instructions regarding how the product should be used

Know your rights as a consumer when encountering faulty products. If you’ve been harmed by a defective product, call Munley Law for a free case evaluation.

Legal Foundations of Consumer Protection

Consumer protection laws are based on the principle that companies have a responsibility to ensure that their products and services are safe and represented accurately. The Consumer Product Safety Commission (CPSC) “protects the public from unreasonable risks of serious injury or death from thousands of types of consumer products under its jurisdiction, including products that pose a fire, electrical, chemical, or mechanical hazard or can injure children.”

• Negligence Claims: these claims arise when a manufacturer or seller of a product fails to exercise reasonable care in the design or manufacture of a product, or in providing adequate safety warnings about the product, and this results in harm to the consumer
• Strict Liability Principles: Under strict liability, if someone suffers injury due to a defective consumer product, that person can recover compensation for their injuries from the product’s manufacturer or seller without having to prove fault
• Breach of Warranty Considerations: Under federal laws, there is an expectation that consumer products will be safe and work according to their intended purposes. When a defect makes the product unusable or creates a safety hazard, the consumer can seek compensation under warranty rights.

Document and preserve evidence of product defects immediately.

High-Risk Product Categories

Some defective products have the potential to cause severe injury, such as faulty medical devices, automobile parts, or machinery. When these high-risk products have safety failures, they may cause serious injuries with life-changing consequences.

• Medical Devices and Pharmaceutical Risks: when a medical device is defective or a pharmaceutical product is unsafe, this can lead to severe health complications and injuries. Many patients rely on these devices and medications for critical treatments and care
• Automotive Safety Concerns: When a vehicle has defective airbags, defective tires, faulty brakes, door latches, seat belts, or other defects, this poses serious safety risks and can cause harm to the driver, passenger, and others on the roadways
• Children’s Product Hazards: When a children’s product is defective, it can cause serious injury, including choking, burning, or exposure to harmful materials. A defective car seat can fail to protect your child during a crash, potentially leading to devastating injuries or worse.
• Toxic Materials and Chemical Exposures: Defective products that contain toxic materials or chemicals pose a serious health risk to consumers, including poisoning, cancer, long-term illnesses, and respiratory issues

Stay informed about product recalls and safety warnings.

Managing Product Liability Claims

The process of filing a product liability claim can be complicated. Product liability claims require evidence of the defective product, documentation of the injuries caused by the defective product, and other evidence to support your claim.

• Gathering Comprehensive Evidence: When filing a product liability claim, you must gather evidence of the defective product, proof of purchase of the product, medical records that document the injuries caused by the product, and expert witness testimony that the defect caused the injuries
• Understanding Claim Processes: It is important to understand consumer protection laws, the different types of product liability claims, whether you are filing for negligence or strict liability, and the legal deadlines for filing a product liability claim
• Potential Recoverable Damages: When you file a product liability claim, you may seek to recover damages, which include the following:
• Medical Expenses: Costs related to the injuries, such as medical bills, cost of medical devices, and ongoing medical care
• Lost Income: Loss of wages and future earning capacity as a result of the injuries caused by the defective product
• Pain and Suffering: Emotional distress and trauma caused by the injury
• Property Damage: Cost of repairing or replacing property that is damaged due to a defective product or manufacturing defect
• Potential Punitive Damages: Compensation that is designed to punish the responsible party for the harm inflicted on the injured party

Consult with a product liability attorney at Munley Law to assess your specific case. We provide a free case evaluation for individuals who have been injured by a defective product.

Consumer Empowerment and Protection Strategies

Consumer empowerment and protection strategies are important mechanisms for keeping consumers safe and holding manufacturers accountable. These strategies include staying informed about product recalls, understanding one’s rights under consumer protection laws, and reporting defective products to manufacturers or the Consumer Product Safety Commission.

• Product Research Techniques: Thoroughly research products before purchasing. This includes reading product reviews, checking any product recalls, reviewing safety certifications, and conducting a product comparison
• Understanding Warranty Protections: Understand what is covered under a product warranty, coverage limits, the length of time covered by warranty, and whether the warranty ensures replacement of the product or repairs
• Consumer Reporting Mechanisms: Consumers can report a defective product or safety concern directly to the manufacturer or by filing a complaint with the Consumer Product Safety Commission (CPSC)

Legal and Regulatory Landscape

State and federal laws protect consumers from defective products. They impose liability on manufacturers and allow consumers to hold them accountable. Consumers harmed by a faulty product can file a product liability claim against a manufacturer to recover damages.

• State-Level Regulations: state-level regulations for defective products mandate product safety standards, require product recalls, and provide consumers with the ability to file a product liability claim to recover compensation
• Federal Consumer Protection Laws: The Consumer Product Safety Act regulates consumer products, and the Federal Trade Commission Act prohibits unfair or deceptive business practices. The Magnuson-Moss Warranty Act is designed to ensure that the warranty for consumer products is clear and enforceable
• Manufacturer Accountability Mechanisms: consumers may hold manufacturers accountable by filing a product liability claim, reporting unsafe products to regulatory agencies, joining a class action lawsuit, and pursuing compensation through a warranty claim 

Stay educated about your legal rights and protections. Contact a personal injury attorney at Munley Law if you have been injured by a defective product.