Good Fences And Not So Good Neighbors: Property Law 101

Hurt By A Product? What To Know

27 June 2018 by Hunter Moore

As a consumer, you have the right to use a purchased product without being harmed, but people can and do get hurt every day from bad products. No matter where you bought something or who manufactured it, if you ended up getting injured, you have the right to file suit against the person who sold it or the maker. Read on to learn more about products that hurt instead of help.

Understanding warranties

Not all items consumers buy have warranties and when they do they are often limited to a certain amount of time or usage. What most people don't realize is that all products come with an implied warranty. The warranty is not mentioned or spelled out in any way, but there is an assumption that a product should perform safely and satisfactorily nevertheless. There are a few situations where even an implied warranty won't cover your damages, however. If you fail to properly use the product and get hurt then that is not the manufacturer's problem. For example, if you use an electric sanding tool on your face in an attempt to do some at-home resurfacing and end up ruining your skin, you have only yourself to blame.

Disclaimers may be useless

Manufacturers often will put warnings or disclaimers on the product or packaging in an attempt to lessen liability. These disclaimers are only as good as the circumstances that surround the problem. General disclaimers where the company disallows any and all responsibility for any injury or damage whatsoever are not enforceable, but the number of people who believe the disclaimer and fail to seek compensation make it worth a try for business purposes. A general disclaimer offers no protection to the manufacturer against lawsuits since it is considered too far-reaching and broad to protect consumers.

Disclaimers that are useful

On the other hand, some disclaimers address specific issues and expressly warn against using the product as it was not intended to be used. In some instances, these specific disclaimers are a result of previous lawsuits. We've all heard of the McDonald's spilled coffee case where a customer suffered from severe burns due to the coffee being served at an excessively hot temperature. As a result of this and many more cases you will see warnings that address specific hazards on more and more products as well as adjustments in packaging such as tamper-proof bottles.

Being injured by a product that you just assumed would be safe can lead to devastating consequences. You are entitled to money damages in many areas so speak to a personal injury attorney right away.  

Share

Search