Product recalls are at an all time high. Beware of what you are buying and check product recall sites for up-to-date information.
For a person to have a product liability case, the product that hurt or harmed them needs to be defective in some way. “The best way to explain what a defective product may be is to give you some examples of product recalls. Memorable recalls have involved toxic cadmium filled children’s jewelry (Made in China), woven storage trunks with unstable hinges that dropped suddenly and caught children at the throat, strangling them (Made in China) and a baby walker that fit through a standard doorway that could fall down stairs because they were not designed to stop at the edge of a step (Made in the USA),” listed Beverly Aylmer, who writes for Lee, Gober & Reyna in Austin, Texas.
One of the most frightening recalls we have ever seen was the recall of umbrella style baby strollers (Made in China) that had exposed shear points at the hinges. There were 12 reported cases of finger amputations taking place at that hinge point.
“Generally speaking, product defects fall into three general classifications; those dealing with design defects, those with malfunctions (manufacturing defects) and those where there is a failure to warn consumers of a danger. The woven storage trunks and the strollers fit into the design defect category because they both had a feature that made them unsafe for their intended use and/or lacked something they needed to make them safe,” remarked Aylmer.
The malfunction category is applicable when there’s a flaw in the construction of a product. An example would be a child’s swing made of aluminum, which is normally sturdy and durable. However, if the support bar for the swing had a flaw in the making of the aluminum (an air bubble or some other impurity) and it gave way suddenly, then this would seriously harm a child.
The bottom line in these cases is that each one is different and each one needs to be fully checked into to determine what the fault is or where it lies. “These aren’t always clear cut accidents and discussing things with a qualified and skilled Austin personal injury attorney will let you know what your rights are, and how to proceed to file a claim (lawsuit) for compensation for your losses,” Aylmer explained.
To learn more, visit https://lgrlaw.wpengine.com.