Get Protected With Product Liability Insurances

There is nothing more frustrating than buying a new item only to get it home and discover that it is defective. It is irritating and you know you have to turn around and go back to the store to get a refund or exchange. But what if that product caused you bodily harm? Who do you turn to them? What if you are in a car wreck and your air bags fail to deploy? You cannot just return to the dealership and demand a new vehicle or a new body if you were seriously injured. Thankfully there are laws to protect you. Product liability is something that everyone has to take into account. From the person selling electronics to the cannery that produces your favorite vegetable. All products have to be held liable to a higher law. This article will cover many of the product liability laws and how you can make sure that you are protected.

What is product liability?

What are the types of product liability?

There are essentially three different areas that product liability covers. These are manufacturing defects, design defects and a failure to warn (a.k.a. the marketing defect). As you can see with the three in place it basically covers all products that are offered for public consummation. Manufacturing defects could be anything from the eject button on a DVD player not working correctly to an airbag not deploying quickly enough. Design defects are when the overall product is not designed properly and thus pose a hazard. And of course a failure to warn is that sticker or long list of warnings that accompany most products these days. If you want a very clear example of a failure to warn liability it would be the wrap around tag that is found on handheld hair dryers. The hair dryer tag very clearly warns not to put the plugged in appliance in water due to the danger of electrocution.

What is a breach of warranty?

When you buy a new product from a manufacturer it usually comes with a type of warranty. The warranty can be any, or all of these: an express warranty, an implied warranty or an implied warranty of fitness. The express warranty will specifically spell out what is covered and what the product can do and what it cannot do. An implied warranty is one where a common expectation is expected such as if a tool is used properly; it will not harm the person. The fitness warranty specifies that the product is designed to do a certain thing. When something fails to meet these expectations then the warranty is considered breached.

How is the consumer protected with product liability?

Product liability protects the consumer by ensuring that they are not cheated when they purchase an item. They are also protected should something go wrong with the item that is a clear defect on the part of the manufacturer. They are also protected should something go wrong with the product and they become injured. By holding a manufacturer liable should anything go wrong, within certain guidelines, it means that the consumer is protected.

If I am injured due to a product, what should I do?

If you are injured in any way due to a product that you have purchased you first need to get your paperwork in order. That means you need to find all of the paperwork that came with the product if it is at all possible. Granted, there are some products you buy that do not come with a warranty such as grocery items but you still need to know when you made the purchase and where you made the purchase. The next step is making sure you have all of the doctor’s notes regarding your injury. The notes should clearly state whether or not the injury came about a direct result of the product in question. Once you have all of your medical records in place, and there may even be a police report if it is something to do with your vehicle failing, you need to then contact a product liability attorney. If you cannot find one on your own then seek out a family practice attorney and he or she can best direct you on the steps you need to take next.

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