Not All Consumer Products Sold are Safe

Manufacturers are bound by law to always make sure that every product they produce is safe, that the product’s label correctly and accurately names the product’s ingredients, and that all necessary instructions and/or warnings that consumers have the right to know are mentioned. Making a fraudulent claim on what a product can do would be deception, an act that can result to a lawsuit, especially if the product ends up harming someone or fails to provide its claimed results.

It is important that one knows that, every year, thousands of lawsuits against manufacturers are filed by American consumers due to defects that cause injury. Though it is true that many consumers attitude are not meticulous with regard to checking products’ safety, this is only because of their belief that no harmful products will ever be sold in the market. This is primarily based on consumers’ trust that since these products were approved for distribution and/or consumption, then these are totally safe.

The task of enforcing safety laws on the manufacture of goods and in ensuring that manufacturers observe these laws is the duty of the Federal Trade Commission’s Bureau of Consumer Protection. Besides these, the Bureau also has the duty to:

  • Make sure that products are neither defective nor dangerous;
  • Stop unjust, fraudulent and deceptive business practices;
  • Accept and investigate consumer complaints on product defects;
  • File a lawsuit against individuals or companies found violating consumer rights or offering defective and/or dangerous products;
  • Make sure that product labels are correct and accurate and not deceptive or misleading;
  • Create and implement fair marketplace rules; and,
  • Educate individuals of their rights as consumers, and firms of their duties and responsibilities.

Despite the laws many consumers still never get what they actually pay for and, worse, some products even cause injuries or death. This is because hundreds of thousands of different products are made available in the market every month and federal agencies (which regulate products) do not have enough men to police or test every one of these to make sure that defective and dangerous ones never make it to store shelves.

Defective products can take the form of simple toys for children or a complex motor vehicle and, between these two, the endless supply of food, electronic devices, power supply items, tools, (and so forth) for which manufacturers, designers of product and marketers can be held liable.

Injured consumers should never hesitate taking a legal action against erring participants (in the manufacture and distribution of dangerous products) for the compensation that they may be entitled to receive due to the injury the product has caused in them. A website with the address: www.thebentonlawfirm.com/brownsville/, may be able to help injured victims know and understand their rights, and who to contact for the best possible legal action that they can take.

Read More

Determining Manufacturer Fault In Product Liability

One of the parties that can be held liable in a product liability claim is the manufacturer of the product. They serve as the starting point before the products are sent to the market for purchase by customers. It is the job of the manufacturer to ensure that products are fully tested before they are sold. According to the website of Abel Law Firm, faulty designed or built products can pose a serious hazard to consumers.

Under the Consumer Protection Act, if a product defect resulted to the death, injury, or damage to private property, the relatives of the plaintiff or any representative may push forward a product liability claim. Such actions are designed to compensate for economic or consequential loss. Product liability claims are based on the assumption that the manufacturer owes a duty of care to everyone who will make use of its product. Manufacturers may be held liable for negligence for the following reasons:

  • Failure to exercise care during the manufacturing process, which caused a particular product to be defective
  • Failure to ensure the safety of the product’s design, which may also include the lack of sufficient and careful research
  • Failure to carry out effective tests
  • Failure to provide effective warning of danger
  • Failure to recall a product or issue appropriate warnings amidst apparent danger after the product has been circulated

The liability will not be limited to the manufacturer alone. Even those who supplied components or acted as distributors of the product may also have some accountability if it is proven that they also showed negligence. The problem is that product liability is restricted by certain limitations, the liability of the manufacturer is only limited to where it has failed to take reasonable care, which needs to be proven by the plaintiff. This will not only prove costly but also difficult.

Read More