When you use a product, you expect it to work in a safe manner. You never think that it could cause harm. Unfortunately, many people have been injured by defective consumer products. In turn, that can leave them with serious injuries and even cause the death of a loved one.

At GDH Law, we know that you want to put your trust in the hands of these product designers and manufacturers, but what happens when they fail to protect you from harm? You could have legal options.

Let’s examine how to tell if a product is defective and what you can do about it.

What Are Product Defects?

According to the National Safety Council, 12.7 million people were treated for injuries related to defective consumer products. Under product liability laws, there are three classifications of defective products. They may be:

• Design Defects: If a product is unsafe because of its design, that item will be listed in this category. Even if the product is made perfectly according to the manufacturer’s specifications, the design is flawed and can cause injuries.
• Manufacturing defects: Sometimes, a product may be designed safely, but a problem during the manufacturing process makes it dangerous. Improper assembly, poor-quality materials, or a failure to meet design specifications can result in a defective product.
• Failure to warn defects: While most products are safe, some still need to carry safety warnings regarding their use. Some failures to warn of defects often involve insufficient warnings or instructions about the product’s proper use.

If any of these issues harmed a consumer, then the manufacturer, designer, or even reseller could be liable for any damages. Now that you know what defective products are, how can you spot one?

How to Identify a Defective Product

You might be using a defective product and not even know it. If you have concerns about the products, you will want to ensure they are working as they should. Any malfunctions could be a sign of a manufacturing or design defect. For example, if you have an electronic device that stops working after a while, that could be an indicator that something is not right. A product should work as intended. When it doesn’t, that could be a sign of a product flaw.

You may also want to perform a visual inspection of the item. If the materials are missing parts, have cracks, or show some irregularities, that could be another sign that the product is defective. This could indicate that the manufacturing process was at fault for the dangerous item.

If you are suspicious about a product, you might want to look for open recalls. The Consumer Product Safety Commission (CPSC), the National Highway Traffic Safety Administration (NHTSA), or the Food and Drug Administration (FDA) will have a listing of all the recalled products. You might even be able to add your own experience to their websites. If you happen to see that your product is on a recall, make sure to stop using it immediately.

You may want to hold onto the packaging if this is a recently purchased item. There should be proper instructions or warnings. You want to make sure that the product comes with clear usage guidelines. If you find the instructions unclear or notice missing warnings about potential hazards, your item could have a marketing defect.

Finally, you may want to talk to an expert if you still don’t know whether your product is defective. For example, a mechanic can assess whether a car part is faulty, or an electrician can determine if a home appliance is defective.

With these expert opinions, you can better understand whether the product is functioning as intended or if underlying issues are signaling a defect.

What to Do If You Have a Defective Product?

If a defective product has injured you, you will want to take action to protect yourself and others in your home. You need to immediately stop using it but don’t throw it away. You may need to keep it for evidence in an insurance claim or legal case.

You might also want to take detailed notes about the issue you’re experiencing with the product. Photographs, videos, and written descriptions of the problem can help prove that something is defective with the item. For those who have been injured, make sure to note those injuries as well.

Also, contact the manufacturer or the retailer where you purchased the product to report the defect. The manufacturer may often offer a replacement, repair, or refund. But they will need to have proof of purchase and evidence of the defect.

Sometimes, the manufacturer may not want to address the issues. You can file a complaint with consumer protection agencies such as the CPSC or the Better Business Bureau (BBB) in these cases. These organizations can investigate the matter and potentially issue a recall or safety warning.

If a defective product has injured you, you might have grounds for a product liability lawsuit. Contacting a product liability lawyer can help you explore your legal options.

A product can be defective in many ways. Once you have found a dangerous item, you need to take steps to protect yourself, report the defect, and explore potential legal options to seek compensation for any damages.