You use products manufactured and sold by different companies every day. The towels you use to dry off in the morning, the car you drive to work, and the stove you cook dinner on are all examples of items that are covered by product liability laws. Here are four signs that your injury or financial loss, due to a malfunctioning commercial product, is cause for a product liability law suit.
The Product You Got Was Not the Product You Bought
When a retailer sells a consumer a particular product, the retailer is obligated to give the consumer what the consumer ordered. For example, a consumer buys a used car. The salesman tells the customer that the car comes with a 5-year warranty on the engine and the transmission. Six months after the sale, the car’s engine breaks down. However, the warranty that came with the car does not cover repairs on the engine, only the transmission. The consumer likely has a product liability suit against the salesperson, the used car lot, and/or the warranty company. The consumer was told the product would cover both the engine and the transmission and you were deceived, so you have a legitimate case in court.
The Product Was Not Fit for Ordinary Use
If you purchased a product that was not fit for the purposes for which it would ordinarily be used, you may have a suit for product liability. For example, you buy a calculator. You want to use it to add, subtract, divide, and multiply numbers. The calculator’s packaging and instructions show these functions are all available on the calculator you bought. However, you find that the calculator in the package is really a spelling/grammar checker. It cannot do any of the four functions it would ordinarily be able to do, and therefore you have a court case.
The Product You Bought is Defective
You are injured due to a product defect. For example, let’s say you just had a new battery installed in your car. You are driving away from the garage and the battery ignites. You sustain second degree burns from the fire. You likely have a case of product liability against the battery manufacturer, if the battery was defective. If you believe you have an injury lawsuit case, consult with an attorney from firms such as Cummings Andrews Mackay LLP in Edmonton or one in your locale.
The Seller Did Not Have the Right to Sell the Product
If a seller sells you a product, but did not have the right to sell that product, you have a product liability lawsuit against the seller. For example, say you buy a TV from someone who advertised it on Craig’s List. A few days later, you get a visit from the police. The TV was stolen. You have the right to sue the person who sold it to you because they did not hold a clear title on the TV.
If you experience any of these signs, you need to speak with a qualified product liability attorney to see if you have a case.
