Every year, consumers suffer personal injuries caused by defective products. In recent years, some of the most widely publicized cases involved everything from defective baby cribs, overheated laptops, and dealer installed SUV tires to exploding propane grills. It is not unheard of for consumers to die from injuries caused by defective products. In some cases, the company at fault discovers the defect and issues a recall before anyone is seriously injured. However, all too often, the opposite occurs.
In the United States, consumers have excellent legal remedies when they experience a loss due to product defects. However, every consumer should consult a personal injury attorney, as soon as an injury occurs. The laws of most states do not require that the injured person prove that the manufacturer was negligent. In most states, the consumer only has to prove that the product was defective. Sounds easy enough. Yet, this can be a tricky situation for consumers to navigate without assistance from a personal injury attorney
Even after a product manufacturer voluntarily recalls a defective product, you will be facing an uphill task. The manufacturer may challenge your claim with counter-claims that you used the product incorrectly or in a manner that other than intended. Some manufacturers that know that their product is defective will still try to mitigate their losses. They may resort to presenting research and testimonies from experts that support their claim that the product was not defective. Your claim can suddenly become questionable under these circumstances.
Another tactic that some manufacturers use is to try to lure consumers into negotiating a settlement, directly with the company. Even if they have recalled the product, if you enter into these negotiations without an attorney, you risk giving up your rights to a fair and equitable settlement. You may never receive adequate compensation for your injuries and losses.
If you don't have an attorney, you will be negotiating from a position of weakness. The manufacturer will almost always have a battery of lawyers at their disposal. They will be fully versed in civil and contract law. If necessary, they will retain specialists so that they can minimize the manufacturer's financial losses. Do not take on the manufacturer of a defective product alone. Only a personal injury attorney can help you protect yourself against such unscrupulous and intractable businesses.
Read more about product liability at Abanet.
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