3 Types Of Defects That May Lead To Product Liability Claims
Every product in Australia that makes its way to distribution and retail must be able to meet the consumer’s expectations. Thus, the product must be used as intended, with complete instructions on how to use it. It must also have information that would warn any consumer of its hazards, especially if the dangers are inherent on the product. More importantly, the product must have no existing defects or unforeseen dangers that could likely cause injuries to anyone who may purchase it.
But then, there have been many incidents of injuries and even deaths as a result of using defective products. When this happens to you, then you are entitled to recover damages from the party responsible for the product that injured you, particularly those within the chain of distribution, whether it is the manufacturer, distributor, or retailer.
According to business interruption insurance companies, many product liability claims in Australia arise from typical mishaps caused by defective products. For instance, many car accidents occur not just because of driver error, but because of defective car equipment. Brake malfunctions may cause collisions, and victims of car accidents may sue the manufacturer. Other mishaps that give rise to product liability cases also involve dangerous and/or defective medical devices, drugs, infant and child products, and toxic chemicals and other harmful substances found in materials. Typical parties who may be held liable in such cases may involve any of those in the chain of distribution, including the product manufacturer, the component part manufacturer, the entity responsible for assembling or installing the product, the product’s wholesaler, and the retail store where the product was sold to the consumer.
Meanwhile, most claims involve three types of product defects. Indeed, anyone in the chain of distribution may be held liable for an individual’s injuries if the product has the following types of defects:
- Manufacturing defect. It is found in a product if it is poorly manufactured and it caused the person’s injuries after he or she purchased and used it as intended.
- Design defect. It is found in a product if it poses a foreseeable risk after it was manufactured as intended, making it unreasonably dangerous.
- Marketing defect. It is found in a product if it is improperly labeled or lacked instructions or safety warnings.
Given the complicated issues covered in your product liability claim, it is important that you hire a lawyer who has the experience and expertise when it comes to asserting your rights and ensuring that you emerge victorious. When you get injured in an accident while using a defective product, you immediately seek medical attention. To begin with, you need to recover from whatever injuries you have. More importantly, the documents stating your injuries and your treatments would serve as evidence that would point to the negligence of the company responsible for the manufacturing, design, or marketing defect of the product that you used that caused your injuries.
Thus, it is important that you gather enough evidence to strongly back your claim up, and you need your lawyer to assist you. Aside from the medical documents, he or she will obtain the statements of witnesses who saw the accident, the police report of the mishap, and, if available, the accident itself as it played it in a recorded footage via CCTV.
More importantly, your legal defender will guide you throughout the complex legal process, as well as determine who is held liable for compensatory damages. Indeed, you may be able to recover complete compensation for your medical expenses for your actual and future treatments and recovery, lost wages, loss of capacity to earn, all with the help of business interruption insurance of the liable company.