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.
What Is a Product Defect? 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.
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.
Product liability is one part of tort law that holds companies accountable for a defective product when it causes harm to another person. The defect is often the result of negligence when designing, making, and selling a product. Successful product liability claims rest on showing that: The company acted negligently.
A toy box was defectively manufactured – the hinges were not installed properly on the lid. If a child is playing with the box and the lid closes too quickly because of the defective hinges, it can cause serious injuries to the child.
For example, a car design that makes the vehicle prone to rolling over, a toy designed with small parts that can cause choking, or a piece of furniture that is unstable and likely to tip over can all have design defects.
Defective products can result from design flaws, manufacturing errors, or inadequate warnings. Common examples include faulty electronics that overheat, dangerous toys with small parts, and defective automotive components that cause accidents.
There are three types of product defects: design defects, manufacturing defects, and warning/instruction defects. All three types of defects have to do with a product being faulty or inadequate in some way.
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.
Federally, retailers must accept returns under two basic scenarios. First, federal law requires refunds if the product is defective. Small variations or cosmetic defects might not legally require a refund. But significant problems with the product's safety or functionality could conflict with the product's advertising.
Your procedure could include the following steps. Listen to the complaint. Thank the customer for bringing the matter to your attention. Record details of the complaint. Get all the facts. Discuss options for fixing the problem. Act quickly. Keep your promises. Follow up.