We all love getting a good deal, especially in this economy. Then again, what happens when that incredible deal turns sour because the product you purchased is defective? Who is responsible when the new coffee maker shorts out or when parts of a toy turn out to be a choking hazard?
The basics of product liability
Product liability refers to the legal responsibility of those in the supply chain for any injuries or damages caused by defective products. When a product fails to meet safety and functionality standards, accountability must be determined. The goal of product liability is to protect consumers and hold the right parties responsible.
Who can be held accountable?
Determining who is ultimately responsible depends on several factors. In the complex journey from production to purchase, different parties play crucial roles:
- Manufacturers: At the heart of product creation, manufacturers are often the first line of accountability. They design and produce the product, making them the first point of contact if something goes wrong. Manufacturers are also responsible for testing products to ensure safety and functionality.
- Retailers: When you purchase a product in a store, you assume it is safe and functional. If a product is defective, the retailer could be accountable, especially if they knew or should have known about the defect.
- Distributors and suppliers: The chain of distribution can be complex. Distributors and suppliers can also be held responsible if their actions contribute to the defect. For example, improper storage or handling could lead to product issues.
The types of defects can help you identify who is accountable for the product. Aside from design and manufacturing defects, another common flaw can be a marketing defect, which occurs when manufacturers or sellers fail to provide adequate instructions or warnings about the product’s use.
What can you do?
If you’ve purchased a defective product that caused you harm, there are steps you can take to seek compensation and hold the responsible parties accountable. Document everything: keep records of your purchase, any correspondence with the manufacturer or retailer and any medical treatment or expenses related to the product. Consider consulting with a legal professional with a background in product liability to explore your legal options. By establishing who is accountable for a defective product and taking steps to seek justice, you can hold companies accountable for putting your safety at risk.