DIY Defective Product Claims And Your Legal Rights
It is fair to say that in the state of California DIY is big business as more and more enthusiasts are taking up the challenge. There is also a myriad of equipment on sale that is said to help us in our quest to achieve the perfect finish to our project.
However, when we buy a product in good faith we should at the very least expect it to carry out the job that it is supposed to do. When an accident occurs because of a faulty product, then it is advisable that you seek the help of an experienced Los Angeles defective product attorney who specializes in faulty products.
What should you look out for when buying a product for your next DIY project?
This is one good give away that the product inside might be faulty. Although this isn’t always the case, packaging that has been damaged, dented or insecure can be an indication that the product inside might be faulty.
In may be that the product has been dropped at some stage along the supply chain, or in the case of electrical goods has gotten wet. Or in some cases the product may have been returned to a store as faulty, and then through an oversight might have been put back on the shelf for resale.
Check all safety features are present
Before you make a purchase it might be a good idea to make sure that all safety features are in place and working.
For example, if you purchase a circular saw, then make sure that it has a retractable guard that sits over the blade. If you decide to buy or indeed hire a chainsaw, then make sure that it has the hand guard in place.
Products don’t actually have to be faulty to be classed as defective. On the contrary, the simple fact of the newly purchased equipment not having the correct paperwork can also deem the product defective.
The term ‘correct’ paperwork means any literature that warns a person of the possible dangers of using the product in the wrong way, or any other appropriate labels that warn the user of potential hazards. In this instance it is down to the manufacturer to ensure that all paperwork is in place and up to date.
In essence, defective product claims come under the umbrella of ‘product liability law’ and are broken down into 3 possible types of claim and these are as follows:
- Manufacturing defects
- Design defects
- Marketing defects
Understanding Your Rights
An injured victim has a legal right to bring about a claim that is based upon any, or indeed all of the three categories. This being the case, the representing lawyer must show a distinct connection between the injured party, the proposed faulty product and the defendant themselves.
This can pertain to strict liability laws, misrepresentation, fraud or a breach of warranty. Once negligence has been established the lawyer will build a case.
In some instances, claims can be expensive and lengthy because manufacturers don’t want to run the risk of having to recall thousands of products. This being the case, they will probably do one of two things.
They will either try to settle out of court by offering a ludicrous settlement figure that falls way below what the client and indeed the prosecuting lawyer expects, or they will fight it all the way.
DIY can be loads of fun, but it can also be dangerous. Just in case you are in the unfortunate position of being involved in a defective product related accident, then you might take some comfort in knowing that a skilled LA lawyer can and will help.