Defective Products: Factors in Determining if You have a Case
The distribution channel is composed of different people operating at different stages. There are many times when you buy a defective product and sometimes you can get injured as a result of using it. The distribution channel comprises of manufacturer, wholesaler, retailer and seller. The defective product claim can be raised against any person involved in the distribution channel. There are basically four kinds of theories that are used in case of defective products. One needs to understand these theories to raise a claim against the product.
The first theory is Breach of Express Warranty. One can make use of this theory if the product is defective. This warranty is stated on the product. The instructions are written on the product and other materials that come with the product. Almost all kinds of products that are sold in the market come with this warranty. This guarantee is labeled on the product. One can hold a defective product claim if there is a breach made on warranty of the product. There are lots of advertisements that are displayed on television. You many plan to buy a hedge trimmer. You may have just seen an advertisement of the product that can cut the hedges thicker than your trimmer does. So, you plan to go to the store and get the hedge trimmer. You find that the trimmer is placed in the trimmer section and you buy it. Now when you trim the hedges suddenly the motor fires the blade which fly off and cuts your fingers giving you get a major hurt. There are lots of factors that can be considered as an express warranty. The advertisement of the product, sign of the store and instructions written on the product can be used as an express warranty. These can be used an evidence to support the law suit if there is a breach made on the express warranty.
The second is the theory of breach of implied warranty. In case the product does not have an express warranty then it might have an implied warranty. The implied warranty is a warranty that is applied to the product automatically. This warranty is applied by the law. The implied warranty is imposed on the product manufacturers and suppliers. The implied warranty helps in understanding whether the product is suitable for use and fit as well. One can make use of this warranty in case of any breach made on the warranty of the defective product.
The third theory is the strict products liability. There are many times a product may hurt you because of any defects made by the product. This liability can come in to use when an accident occur in spite of the care or precautions taken to deal with the product. With the help of this theory one can easily prove that the product was defective and the injury has been caused due to the defect in the product. In such types of cases it becomes very difficult for the defendants to prove that the injury was caused by the product in spite of the precautions taken while making the product. The theory of strict products liability can also be used to account for the negligence on the part of the manufacturer that they were unaware of any kind of danger from the product. In such cases one can contact a defective product lawyer to fight such claims.
Last but not the least is the theory of fraud. Fraud happens when the seller or the manufacturer of the product is aware of a defect in the product but still sells the product to his customers. In such cases the seller may try to deliberate and sell the product by giving misleading statements about the product and concealing the danger or harm caused by the product. This usually happens with several drugs or medicines. There are times when you buy a drug from a medical store and after having that drug you might suffer from certain complications. You may contact a personal injury lawyer in that regard who finds out that the management of the company already knew of such consequences caused by the drug. Thus there arises a case of fraud on the part of the company manufacturing or selling the product without informing the customers about the harm caused by the product. In case of such defective products one can get in touch with a personal injury lawyer who will help in fighting and settling such kinds of claims.