American consumers are no strangers to defective products. In the pursuit of cost-cutting, manufacturers fail to adequately prepare their products for the market, which can lead to injuries.
According to the National Safety Council, 2022 marked a 7.8% increase in consumer product-related injuries, translating to 12.7 million people treated by emergency professionals.
Sadly, most injuries are caused by everyday products presumed to be safe. The most vulnerable populations are often the most exposed; older adults and younger children represent a significant portion of these injuries.
Whether it’s a malfunctioning electronic, a faulty car part, or a contaminated food product, encountering a defective product is more common than expected.
If you are faced with a product-related injury, you should know how to take action. Let’s clear the air on some of these common misunderstandings.
What is a Defective Product?
Before diving into the misconceptions, establishing a clear understanding of a defective product is essential.
According to the product liability attorneys at Miller & Hine Law, a defective product poses a danger to the user usually due to:
- A flaw in the design
- A flaw in manufacturing
- Inadequate labeling
Misconception 1: If a Product is out of Warranty, It Can’t Be Defective
Many consumers assume that once a warranty period expires, they are left without recourse if a product defect becomes apparent.
However, defects can manifest at any time. A warranty primarily covers a specified duration of free repairs or replacements.
If a product is inherently flawed, it can still be considered defective past the warranty period. In these cases, consumer protection laws and product liability regulations are injury victims’ only path to recovery.
Misconception 2: Product Defects Only Affect a Wide Range of Consumers
The most renowned product defect cases affect millions of Americans, resulting in massive class action lawsuits and settlements.
Conversely, defective products can also be isolated incidents that impact individuals on a case-by-case basis.
There are numerous cases where defects cause injury to isolated consumers. These experiences can vary from minor inconveniences to severe injuries or property damage.
It’s essential to recognize that even if a defect doesn’t make headlines, it can still have significant consequences for those affected.
Consumers should be prepared to take action for any product-related injuries, regardless of how many users are affected by the defect.
Misconception 3: The Manufacturer Will Fairly Cover Damages Caused by the Defect
Product manufacturers have specific departments to address product issues; however, the fairness of their response can vary significantly.
The reality is that these large corporations have to protect their brand and their bottom line, making it extremely difficult to obtain fair compensation for any injuries their products may cause.
In most cases, getting fair compensation may be contingent on getting help from a product liability attorney well-versed in your local consumer protection laws.
Misconception 4: Consumers Must Prove They Used a Product Exactly as Intended
Consumers are not required to prove they adhered to the product’s instructions to recover compensation for their injuries.
Manufacturers are expected to foresee typical alternative uses for their products and design them to be safe for these instances. The burden of proof falls on the manufacturer, not the consumer.
Protect Yourself By Being Informed
The prevalence of defective products to the American consumer is a growing issue.
The injuries caused by a faulty product often affect the most vulnerable segments of the population, and the propagation of these misconceptions makes the recovery process more challenging to navigate.
By getting the facts and knowing how to act, consumers can do their part to protect themselves from dangerous products.