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.
If a conscientious company has discovered a defect with one of its products, it may issue a product recall. Through the recall, they accept the financial burden of replacing, fixing, or reimbursing consumers for the defective goods.
Generally, to prove product liability you must prove that an inherent defect or misinformation within the product caused the damages claimed. In other words, the plaintiff must prove that the product was inherently defective and that the defect in the product has caused injury or damage.
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.
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.
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.
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.
In Nevada, the statute of limitations for product liability claims is generally four years from the date of injury or damage caused by the product. However, similar to other cases, the discovery rule may extend this time limit if the injury is discovered later.
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.