This is a multi-state form covering the subject matter of the title.
This is a multi-state form covering the subject matter of the title.
With regard to products liability, a defendant is liable when the plaintiff proves that the product is defective, regardless of the defendant's intent. It is irrelevant whether the manufacturer or supplier exercised great care; if there is a defect in the product that causes harm, he or she will be liable for it.
It might be worth contacting the manufacturer initially, just to make sure you're using the product correctly. But if the problem truly is a defect, it's best to return the item for a refund or exchange—if the retailer allows it and you're still in the return period.
Under the Consumer Protection Act, manufacturers, distributors, suppliers and retailers could be held responsible for damage, injury or death caused by their product or any of that product's component parts.
In California, the strict liability rule plays a pivotal role in product liability cases. This rule states that manufacturers, distributors, and retailers can be held liable if their product is found to be defective, regardless of whether they were negligent or not.
Reporting Consumer Products Begin by filing a report at .SaferProducts or call their hotline at (800) 638-2772. They will ask you to provide detailed information about the product, the incident, and, whenever possible, photographs of the defective item.
To successfully sue for a defective product, you need to prove that: The defendant designed, manufactured, distributed or sold a defective product to the consumer. The consumer used reasonable care when using the product. The consumer was injured due to the defect in the product.
A product defect is any characteristic of a product which hinders its usability for the purpose for which it was designed and manufactured. Product defects arise most prominently in legal contexts regarding product safety, where the term is applied to "anything that renders the product not reasonably safe".
The product has an obvious and observable defect. the product is not reasonably fit for its ordinary and intended use.
When a product is defective, it means that the product has some kind of flaw or problem that makes it unreasonably dangerous to use. A product may be defective because of poor design, manufacturing errors, or a failure to warn consumers about potential dangers.