Harmed Due To A Faulty Or Expired Product? Here's What You Should Do
Suppose you have bought a washing machine. However, a leak in the appliance damages your kitchen floor the first time you use it. So, is there a solution for receiving a product that has expired? And where to go if the manufacturer or the retailer denies responsibility for your damages?
There are several federal and state laws in the USA that can protect all your rights as a consumer. However, you have to act promptly and accurately to get compensation for the damages the defective products have caused you. Law farms like West Palm Beach Personal Injury Lawyer can play a crucial role in your battle for justice.
What Should You Do If A Faulty Or Expired Product Harms You?
If a faulty or expired product harms you, you should contact the retailer or the manufacturer and demand compensation first. If they fail to meet your expectations, you should take legal action against them. You need to follow the following steps to ensure a proper settlement for your damages.
Assess Your Insurance Status
If you already have an insurance policy against the damage you received from the faulty product, you should do some math. The easy way to get compensation is by calling the insurance agency. However, it may increase the amount of your future premium. So, first, you have to decide if it is wise to claim on the insurance or not.
Calculate the Compensation Amount
Before claiming compensation from the manufacturer or the retailer for the faulty product, you need to assess the actual amount of damage you have received. Calculate how much money you need to fix the damage. Again, you should add some more to your demand for the harassment you faced by the faulty or expired product.
Document the Damage
You should take still photographs and videotape the damage in detail. It will help you get compensation no matter if you claim it from the insurance company or the manufacturer. Moreover, you should write down the details of the damage, including the date and time. It will make your claim stronger.
Consult an Attorney
All the big companies have a panel of expert lawyers to defend them from lawsuits. So, you should be well-prepared if you want to win your compensation case. The best way to get ready for the legal battle is to hire an experienced attorney. A West Palm Beach Personal Injury Lawyer has a good track record in the compensation-related legal field.
Things To Know Before Taking Legal Actions For Faulty Products
If the manufacturer of the faulty product refuses to compensate and if the insurance claim is not a good option for you, you can take legal action. But before that, you should know some legal aspects.
Product Liability Lawsuit
In legal terminology, "product liability" means the manufacturer and all the stakeholders in the marketing system will be held responsible for a faulty product. They have to compensate the consumers if they receive any defective or expired products.
Coverage of the Law
Product liability laws enable you to file a lawsuit against a manufacturer or a retailer for almost every product or service. However, there are some exceptions. You cannot take legal action if the product is inherently unsafe. Besides, the law is not applicable to medical devices or prescription drugs. Alcohol, sugar, and butter are some of the inherently unsafe products.
For Prescription Drugs
If you fall sick after consuming any prescription drug, you cannot sue the manufacturer if the manufacturer has been following the exact formula for that drug for a long time. However, the court will hold him responsible for your damage if you prove that the manufacturer did not produce the drug according to the correct method.
For Contaminated Food
You can file a lawsuit if consuming any food item makes you sick or injured. However, if the injury-causing substance is a part of the preparation of the food, you cannot file a lawsuit. If you can prove that a foreign particle in the food, like a piece of glass or wire, caused your injury, you can take legal action.
Disclaimer Not An Obstacle
Sometimes, the manufacturer of a faulty product may try to deny his liability for any damage by stating some conditions in the disclaimer notes section of the product. However, in the eyes of the law, this attempt does not help him to get away at all.
Final Words
The foundation of a civilized society is a fair justice system. People tend to spend more where the law protects all consumer rights. It also helps the economic growth of a nation. However, you should hire a reputed law institution for your legal fight as West Palm Beach Personal Injury Lawyer for the ultimate compensation.
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