Defective Products and Consumer Rights

By Jennifer Noble | Dec 07, 2017

There are a number of problems that can arise from defective products. Defective products have specific types of problems that can directly lead to injury to a number of consumers each year. If you purchase a product that doesn’t perform the way it’s advertised to, even if it doesn’t cause an injury, you are likely still covered by a warranty or have the opportunity to return or exchange the item.

If you are injured due to a defect in a product you have purchased and used as it is intended, you may have a product liability claim. It’s important to know your rights and the various product liability claims for which you can sue.

Types of Product Liability Claims

If the product you purchased has a defect and there was no warning issued by the manufacturer, you may have a legitimate claim for personal injury due to product liability. In general, as attorney Sherwin Arzani explains there are three common defects that can be present in a product that allows consumers to sue the manufacturer. They include the following:

• Manufacturing Defects: When a product is defected because of the way it was manufactured, a consumer can have a claim for manufacturing defects in that product.

• Design Defects: If a product is dangerous or can cause harm due to a mistake in the way it was designed, there may be a legitimate claim for liability. The plaintiff can claim that the product caused damage or injury after they used it in the manner in which it was intended to be used.

• Marketing Defects: If there is a marketing defecting theory that includes evidence that the product’s safety warnings were inadequate in instructing how to properly use the product or the warnings did not include information about the risks and dangers that could potentially come with using the product, the consumer may have cause for a product liability suit.

Legal Remedies for Defective Products

The law allows the consumer to take advantage of a number of remedies when they are injured as a result of a defective product. Depending on the situation, there are different routes the individual can take. Generally, there are five legal theories relating to product liability cases. Those are negligence and strict liability and are detailed as the following:

• Negligence: A plaintiff can receive compensation for damages from the defendant, usually a manufacturer or retailer if they are able to prove that the manufacturer or retailer breached a duty to them. If that breach led to the plaintiff becoming injured or suffered other damages, they are entitled to compensation.

• Strict Product Liability: A manufacturer is considered “strictly liable” for defects in its products during the process of manufacture regardless of the manufacturer’s level of care. In such a case, the plaintiff doesn’t need to prove negligence was involved to recover compensation if the dangerous product led to the person sustaining injuries.

• Breach of Warranty: If a seller failed to fulfill a promise or representation regarding the quality of the product, including if there was a defect in the product, a customer may have a legitimate claim for product liability against that seller. The seller has a legal duty to ensure that the warranty is honored if there is a defect in a product they sold.

• Misrepresentation: If the manufacturer or seller misrepresented the product, even if they didn’t know there was a potential danger associated with using it, the consumer can sue for product liability.

• Fraud: The plaintiff can receive compensation for damages if the manufacturer fraudulently passed off a product as something else or if that product proved to be dangerous.

It's important to speak with a skilled product liability attorney if you believe you have a claim for damages after an injury involving a defective product. It's your best chance of recovering the compensation you deserve.



Comments (2)
Posted by: Barry Douglas Morse | Dec 11, 2017 21:44

Report safety defects to the federal Consumer Product Safety Commission at

Be brief and factual.  Don't guess - just state what you know.  The CPSC will act on safety problems, not on customer dissatisfaction, which makes sense.


AND:  You can always find current product safety recall information at the CPSC's main web page


Posted by: Dale Hayward | Dec 07, 2017 23:39

I tried in the past to provide information on the Maine State Attorney General's Consumer Laws but it fell on death ears. Too bad people just don't take the time to learn of their rights. Oh well, thanks for this information at least.

If you wish to comment, please login.