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If I Sustain Injuries Because of a Defective Product, What Can I Do?

Though you may not think about it, there are hundreds of products you come into contact with daily, from your alarm clock and toothbrush to your car and cellphone. However, when one of these products does not work as intended and injures you, understanding your legal options is critical. If you are a victim of a defective product, you are not alone, as thousands of other consumers suffer injuries due to the negligence of others. The following blog explores how these defects occur and whether or not you can fight for compensation. Additionally, you will learn how our Irvine products liability lawyers may be able to assist you.

What Are Common Defects?

It is important to understand that some products and items have an inherent risk when using them. For example, if you are not careful when handling a knife, you could accidentally cut yourself. This does not mean the knife is defective, as there is a foreseeable risk of cutting yourself when using a sharp object.

However, some products have unreasonable, unforeseeable risks associated with them. For example, you may not expect your phone battery to explode, but if it is defective, it is possible this may happen.

It is important to note there are different types of product defects consumers may encounter. They include the following:

  • Design defects: A design defect refers to an inherent flaw with the product design, making it unsafe for use. This will impact all products manufactured with this design plan. For example, if a company designs a hairdryer that cannot withstand the highest heat setting before melting, this would be a design defect. 
  • Manufacturing defects: A manufacturing defect occurs when an object is rendered unsafe because of an issue that occurred while producing the item. For example, if a hair dryer is assembled with a missing part to help regulate the temperature, it can be deemed a manufacturing error. This is because the design is inherently safe, but an issue with assembly renders a single product or batch of products unsafe for normal use. 
  • Labeling defects: A labeling defect occurs when a product is incorrectly labeled or does not have adequate warnings regarding how to correctly use the product resulting in an injury.

Can I Seek Damages if Injured By a Defective Product?

Unfortunately, many people are unaware of their legal rights after sustaining an injury caused by a defective product. As such, they may not take the necessary steps to help fight for compensation.

The most important thing to do when you are injured by a defective product is to seek immediate medical treatment. If you delay care, this can be held against you, as the negligent party may claim your injuries were not severe if you did not seek immediate care.

Additionally, you should not throw away the defective product. You should keep it as it can be used as evidence later. You should also take photos and videos of the product for additional proof.

Finally, you should connect with an attorney from California Personal Injury Law Firm, APC. Our team understands how devastating these injuries can be, so we will examine your case to determine the best course of action for your circumstances. Contact us today to learn more.

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