Defective Products: What You Need to Know

posted in: Consumer Class Actions | 0

factoryEvery day, manufacturers attempt to make things bigger and bolder. We are learning that purchasing anything is more than a process – it’s an experience. But nothing ruins that experience quicker than when the product fails. Beyond the aggravation of that failure is the potential for you and your loved ones to be harmed as a result of the defective product. Orange County attorneys Carter Law Firm specialize in consumer law and want to help you understand your rights when it comes to defective products.

What is a defective product?

It may seem simple, but a product does not have to be broken to be defective. Here are three ways products can be considered defective:

Design Flaws: These are products made according to specification, but end up resulting in damage, injuries or death undetected in the product-testing phase.

A recent example of this is the Takata airbag recall, which saw the airbags deploy as they were supposed to, but with much more force than intended, causing shrapnel to spray at people. These flaws have resulted in at least 11 deaths and 150 injuries.

Production Flaws: The design may be spot on, but the manufacturing process fell short, leaving the product to fail or break in a way that could be harmful to you and your loved ones.

One of the cases that people are watching is the case against FitBit. The class action lawsuit takes aim at the accuracy of the health-monitoring devices. In one case, a woman reported that her device recorded her heartbeat in the 80s, while her trainer recorded the same heartbeat at a dangerous level in the 160s.

Marketing Flaws: Brands must include proper warnings and instructions for you to properly operate. This can also be a lack of warnings as to a product’s potential effect on your health.

One major example of this is the wave of lawsuits against Johnson & Johnson for not properly warning people about the potential cancer risks caused by using talcum powder. So far, juries have awarded two judgments totaling $127 million with 1,200 more lawsuits waiting in the wings.

There are many examples of products not working as they are intended and Carter Law Firm, based in Newport Beach has represented clients who have been harmed as the result of unsafe or defective products. Particular areas of interest include:

  • Defective Elevators
  • Defective Escalators
  • Defective Medical Devices
  • Defective or Dangerous Car Seats
  • Defective or Dangerous Products for Babies
  • Defective or Dangerous Toys
  • Defective Over the Counter Drugs
  • Defective Prescription Drugs
  • Defective Vehicles
  • Failure to Warn
  • Malfunctioning Automotive Parts
  • Malfunctioning Devices
  • Products which Contain Hazardous Materials
  • Products which have Manufacturing Defects
  • Products with Engineering or Design Defects
  • Unreasonably Dangerous Products
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    *The above information is a communication and an advertisement, is not legal advice, and does not create an attorney/client relationship.

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