Defective products put the safety and health of consumers at risk. Being able to detect when a product is not functioning as it should can allow you to report the item and potentially protect others. It’s also important to know when a defective product gives you the right to file a defective product liability claim in Minnesota to hold the manufacturer properly accountable for your injuries.
What Is a Defective Product?
A product with a dangerous manufacturing, design or marketing defect could result in serious injuries and even deaths. Every manufacturing company and distribution center has a legal responsibility to ensure the reasonable safety of its consumers. This duty of care can be fulfilled with proper product testing and safety protocols. It is a violation of this duty of care to allow unsafe and defective items to reach the hands of the public.
Signs That a Product Is Defective
Defective and dangerous products often include household items, e-cigarettes, furniture, tools and equipment, automobile parts, children’s products, and medical devices. Detecting issues early on can reduce the risk of serious accidents, injuries and deaths. You may be able to spot a defective product from the following signs:
- Visible defects. The product may show signs of a problem, such as cracks, dents, missing parts, strange smells, exposed wires or material degradation. If you see smoke, sparks or flame, this points to a serious hazard.
- Sudden malfunctions. A defective product is likely to malfunction or fail to perform as advertised. If a product malfunctions at a critical moment, such as brake failure while driving a vehicle, the results can be disastrous.
- Accidents or injuries. Consumer goods should never cause accidents or injuries. If the use of a product as the manufacturer intended resulted in a fire or explosion, automobile accident, medical complication, or other harm, the product is likely defective.
- An active product recall or a history of complaints. If you are not the first person to experience an issue with the product, there is likely already an open recall or product safety warning. Stay up to date on recall notices to better protect yourself.
Sometimes, product defects are not immediately obvious. In the context of a defective medical device, for example, it may take months or even years for a patient to realize that the device is failing and causing harm. It is important to take immediate action as soon as you discover a product is defective.
How to Report a Defective Product in Minnesota
Upon discovering a potential product defect, stop using the item immediately. Seek medical attention right away if you have been injured. Document the issue and the harm you suffered in as much detail as possible. This includes keeping the product and its packaging, taking pictures of your injuries or property damage, and obtaining an incident report or medical records.
Reach out to the manufacturer of the product to report the defect. They may offer you a refund, replacement or repair free of charge. You should also report the defect to a safety organization, such as the Consumer Product Safety Commission. They can conduct an investigation and may order a recall of the defective product if the manufacturer does not do so voluntarily.
If you were injured by a defective product in Minnesota, contact a product liability attorney in Minneapolis about filing a legal claim. An attorney can help you bring a case against a manufacturer or another party in pursuit of financial compensation for your injuries, medical bills, property repairs, pain and suffering, and more.