How to Deal with a Defective Product

Defective product causing injury


The holiday season has come and gone. While most Christmas stories have a happy ending, there is also a dangerous side to gift-giving. Perhaps the only thing worse than receiving bad presents or no presents at all is receiving a defective gift. 

Replacing a Defective Product 

Sometimes the solution is simple and relatively painless. If you receive a gift and notice problems early on, be sure to check the warranty on the item. Most manufacturers are willing to take back defective material and exchange it for a similar product that is either new or refurbished. Sometimes the manufacturer requires the customer to pay for shipping or other fees, so be sure to read the fine print carefully or call a customer service representative. If a gift receipt or original receipt is present, you are likely able to exchange the product in-store, which eliminates a lot of the hassle.

Injury from a Defective Product

However, sometimes the defect goes unnoticed until tragedy strikes. Defective products, depending on the severity of the defect, can cause cuts, burns, explosions, electrocutions, and other disasters. At this point, exchanging the product is simply not enough. Getting a good personal injury lawyer is essential to receiving compensation for any emotional and physical damage inflicted by the defective item. It also sends a strong message to the manufacturer about product safety and helps prevent any future injuries to consumers.

How do you know if you have a case?

First there has to be an actual defect. This often results from a manufacturing error, but other causes of the defect can come from the product design or from a lack of warning towards potentially dangerous situations. A product that causes a shock when in contact with water, for example, should have a warning to notify consumers of such a risk. Secondly, the defect must be related in some way to the injury you sustained. Furthermore, the product should have been used in a reasonable manner, preferably as intended by the manufacturer.