It’s that time of year again where it seems like there’s an overwhelming number of interesting products that are being released on the market at some intriguing introductory prices. Many of these items are spoken highly of in the media because they’re new to the market and offer innovative ways of doing things. If there’s one downside to new products being made available to consumers all at once though, it’s that it’s hard to know whether they’ll perform as intended and if they’re safe.
Most of us have bought the product claims described in advertisements and have purchased something we’ve seen up for sale. While we have high hopes for the item, it often underperforms. West Virginians can file consumer fraud claims in some instances with the state Attorney General’s Office to stop marketers from deceiving customers. You may wonder what recourse you have if you or someone else gets hurt by a product though.
You should know that there are three different types of product defect claims that exist. There are design, manufacturing and warning claims.
A design defect is a flaw that exists long before a product gets manufactured. One way to describe this type of defect is to say that it looks good on paper, but not in terms of functionality.
Manufacturing defects are those that come about as a product is produced or constructed. Generally, only a small number of products will have such flaws.
The third type of product defect is a warning defect. This has to do with how an item is marketed. It must function as described on the packaging or in the accompanying literature. Marketers must warn of any potential choke hazards, the potential for burns or any other hazardous conditions.
Determining whether a flaw existed with an item and proving a product liability case isn’t straightforward. Most cases like these require an experienced consumer protection attorney to closely review them to determine whether any impropriety occurred. A lawyer can help you when defective products leave you injured.
