If you’re injured because a product is defective, you may be entitled to some sort of compensation. In this article, we’ll cover some of the basics of class action lawsuits related to dangerous or defective products, including what you can do to get compensation.
What Is a Dangerous or Defective Product?
For a product to be considered dangerous or defective, there are certain conditions that have to be met. A product that malfunctions during regular use is considered defective, and that product is then considered dangerous if a consumer is injured as a result of using that defective product. These lawsuits are generally brought under state laws and therefore differ from state to state. However, a defective product class action lawsuit alleges negligence, strict liability or a breach of warranty. These are the three types of defects in a legal sense:
- Design defects: These are defects that come as a result of the design and exist before the manufacturing process.
- Manufacturing defects: When the design is fine but the defect is a result of the manufacturing process, it’s considered a manufacturing defect.
- Marketing defects: If the label or advertising for a product isn’t accurate, that’s considered a defect. This defect can be in the instructions, product use, warning labels and more.
What Are Your Rights?
In the event of a dangerous or defective product lawsuit, it’s important to understand that you do have rights but they vary depending on state law. Not only do state laws affect what you can collect damages for, some states also put a cap on the damages that can be collected in such cases. However, these are the primary costs that can be compensated:
- Economic damages such as medical bills, disability costs, lost wages and damage to property.
- Non-economic damages such as pain and suffering.
- Punitive damages depending on how severe your injuries are and how the other party responded to those injuries.
Who Gets Sued?
The responsible party in a dangerous or defective product class action lawsuit depends on what type of defect it was. If it was a design defect, the party who designed the product is held responsible. If it’s a manufacturing defect, that burden is on the actual manufacturer. Finally, if it’s a marketing defect, the responsible party could be an advertiser, wholesaler or retailer of the product in question. This will be determined along with the type of defect that occurred.
Being injured by a dangerous and defective product can be a shock, but it’s important to know your rights and do what you can to get compensated. You do have rights, and the party who caused the defect can be held responsible.
