In a perfect world, everything we bought at the store would work. In a perfect world, a product would not harm or kill us.
No one goes to the store thinking they might come home with a defective product that might seriously harm or kill them. They figure the item is safe and they will be fine using it. They read the instructions, all the warnings and then do what the product was intended to do without any problems.
“In a perfect world, everyone would actually read all the directions and actually use the item for what it was made to do, not something else. In a perfect world the manufacturer, designer and so on would have the proper warnings, clear and detailed directions, and cover absolutely everything a consumer needed to know. Unfortunately, we don’t live in a perfect world, and manufacturers, etc. don’t always do a good job of warning the public about the dangers of their product,” explained Beverly Aylmer, a personal injury lawyer with the Lee Law Firm in Austin, Texas.
The other thing to bear in mind when discussing product liability is that the maker of the product has their own agenda when it comes to products – selling them for a profit. Often selling defective products out trumps safety concerns for the end buyer or user, much to their detriment.
The idea is that people should be able to buy products and assume it won’t hurt them or anyone else for that matter – like the neighbor who borrows your new chain saw and loses his fingers because the guard came off. “The shocking thing is that every year thousands of Americans are badly hurt and killed due to a dangerous product. It’s definitely a serious problem, and one that not much can be done about until after the fact,” Aylmer pointed out.
Stopping defective goods in their tracks isn’t always possible simply because an item may become something dangerous at any step in the process of its creation. It could happen in the design stages, manufacturing or during distribution. “Add to this that some products are dangerous just because of their nature – a chain saw, something with razor sharp edges or a product with a heating element. That being said, end users have a right to fair warning about the dangers of such items,” said Austin personal injury lawyer, Beverly Aylmer of the Lee Law Firm.
The bottom line is that companies who make goods from start to finish are tasked with the responsibility to make sure those items are safe for the general public. If the product has the potential to be dangerous, fair warning needs to be issued. If someone is hurt, that company may be responsible for their injuries, and they need to take courage in hand and recall their product disaster.
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