American consumers are presented with an average of 1300 marketing and sales images every day attempting to solicit attention to buy different products and services. The competition is very high and at times products might promise more than they deliver. Companies have levels of quality control to maintain health and safety standards for their products, however, sometimes there can be the bad apple which slips through the stages of quality control and ends up in the hands of the ultimate consumer. If this defective product
causes harm, the company can be liable for the cost of injuries, sickness, damages, lost wages, or more which result.

What is a product?

Simply put, a product is merchandise. It is any "thing" which is purchased and is meant for operation or consumption by the end purchaser. The Merriam Webster online dictionary
defines a product as: "Something produced, especially a commodity. Something (as a service) that is marketed or sold as a commodity."

What is a defect?

Simply put, a defect is something wrong with an object. There are different types of defects.

1. Products can have manufacturer's defects. This means that it was incorrectly assembled or otherwise  doesn't meet the "passing" level of quality for the company's standards. Most of the time, if a product is defective due to manufacturer error and it does not cause harm to the end user the manufacturer will repair or replace the item if the defect is reported to them. For example, a backpack with incorrectly sewn shoulder straps that break without causing injury anyone will include some kind of manufacturer guarantee to replace the bag for a functional one with correctly sewn straps, if reported to them within a certain timeframe.
2. Defects in design are flaws which affect the overall use of the product because of a poor design. The 2010 Toyota recall due to accelerator pedals which got stuck and contributed to accidents is a good example of this. The design of the pedal itself caused faulty responses in certain instances and certain vehicles, and resulted in the potential for danger for drivers and passengers. Toyota was as proactive as possible and rigorously tested the replacement and solution for this problem. "Recalls" are issued by manufacturers to attempt to get these kinds of faulty products off the market and avoid damages and injuries. They are typically caused by several reports of the same problem, although by that point the product manufacturer may already be facing legal action from the early victims of the defect.
3. Defects in warning labels are caused when a manufacturer fails to foresee a potential dangerous aspect of the product and does not warn consumers of the danger. For example, if a hot iron did not include a warning against high temperatures and a burn potential on the power cord, printed on the box, or in the information brochure with the product, it could be considered a defective product case known as a "failure to warn". However, it is not the manufacturer's responsibility to ensure that the consumer reads the warning, only that the warning is as conveniently and prominently displayed as possible. Failing to read the enclosed instruction brochure, owner's manual, or warning label – or disregarding the warnings - does not constitute a manufacturer's failure.

What can I do if I am a victim of a defective product?

Product liability cases are very specific depending on the nature of the product, defect, and circumstances involved. The first thing you should do if you are injured by any product is to seek necessary medical attention. Never put your health or safety in danger waiting and worrying about potential compensation for medical expenses or lost wages. The following are a few additional tips on handling a defective product situation:

• Keep the product itself, including any parts, pieces, accessories, or packaging if that contributed to the injury or damage. For example, if the failure of a safety restraint system in your vehicle contributed to your injuries during a car accident, be sure to keep the car so that it can be inspected and the defect confirmed by investigators.
• While at the medical facility, be sure to have them document with writing or photos the injury itself. Tell them the circumstances surrounding the injury, including the product you were using. If the injury or damage results in fire or police department involvement, be sure to be as detailed in your report to them as possible.
• In addition to any medical, fire, or police documentation, write up a statement in your own words about the situation, circumstances, and results of your experience with the product. Include as many details as possible, and have any witnesses or other victims who were with you at the time do the same. Memories fade with time, and having this written statement can help you keep the details of the situation for future reference.
• If possible, take photos or video of the results of the product. For example, if a kitchen appliance caused a fire or other damage, take photos or video of the damage before any repairs are made so that you can refer to it later. In a situation where someone was injured or property was damaged too much documentation is better than too little.

Finally, contact an attorney. A personal injury or product liability attorney can assess your situation and advise as to whether or not you may be able to pursue legal action against the manufacturer or distributor of the product for allowing or contributing to the injuries you have suffered. Only an attorney can advise you to the next steps and how to handle the specifics of your case.

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