Are you ever disappointed in what you buy? All the time, right? It is the cycle of consumers, we buy things, we return things and then we buy new things. It is not out of the ordinary to not be pleased with a product; we almost expect defective items every once in a while. However, in rare cases, unexpected products can cross the line in the harmful or dangerous. This is a case of product liability.
What is Product Liability?
Manufacturers have the responsibility to put safe products in the hands of consumers. If they fail to do so, they can be held accountable. For example, in 2015, Old Spice was hit with numerous lawsuits because their deodorant was causing rashes and chemical burns to consumers. It became a complex issue that fell under product liability. Customers filed complaints based on the knowledge that the deodorant was not meant to cause serious reactions and was problem that the company needed to fix.
Do I Have a Case?
It varies from state to state.There are no federal laws that surround product liability, causing all cases to fall under state laws. In Idaho, if you believe that you found fault with a manufacturer, you can file a lawsuit. Cases will take into account:
Life of a Product
Some products have a “useful safe life,” or greater risk of being harmful after extended periods of time. The safe life begins at the time of production and delivery.
- If you were harmed after the useful safe life expired, you may not have a case.
- If you were harmed 10 years after time of delivery, the product is considered to have passed the useful safe life.
Manufacturers have the responsibility to offer safe products, but you have the responsibility to use them correctly. Your case may be denied if:
- You had the ability to recognize or spot the defect before harm
- You knew there was a defect, but you proceeded to use the product
- You misuse the product
- You alter or modify the product from its original state
If you feel that you were harmed by a product that malfunctioned, contact experienced personal injury lawyers today. Come in today for a free consultation and we will help you know if you can pursue a product liability case.