Product Defects
Defective products harm consumers and their property. Defective products also result in monetary losses, because consumers receive an item that is worth far less than what they paid for it.
Retailers, manufacturers and distributors will often know their products are defective, either from consumer complaints, internal testing and review, or reports by trade and industry publications.
After the manufacturer or retailer learns their product is defective, sometimes they may refuse to issue refunds, replacements, or provide warranty service to consumers who purchased the defective product. When this happens, consumers are left “holding the bag” and are stuck with a defective product and a worthless warranty or corporate guarantee.
Product defect litigation, and perhaps a class action lawsuit, may be the only alternative left to defrauded consumers. When businesses refuse to step up to the plate and honor their obligations to individual purchasers, consumers need to enforce their legal rights and remedies and hold companies and their executives accountable for their defective products.
Manufacturers, distributors, and retailers who sell defective products to the public are responsible for the harm they cause. Injury may arise from design defects, manufacturing defects, or a failure to warn. Under certain circumstances, manufacturers may be held liable for the harm their defective products cause no matter whose at fault.
Consumers have the legal right to insist their products perform as promised and as warranted by sellers and manufacturers. Product defect cases can be large and complex, involving tens of thousands of consumers and covering federal and state laws.
Several types of claims may be brought in a product defect case. For example, an express warranty claim focuses on the manufacturers’ or sellers’ statements about the product. Implied warranties cover the expectations common to products in general. We may file an action seeking “declaratory relief,” asking the court to render a judicial determination about a manufacturer’s obligations and responsibilities to consumers we represent. Unjust enrichment seeks to return money to consumers because the seller or manufacturer has profited unjustly from their sale of defective products.
If you have any questions about product defect litigation, or if you wish to be advised about your rights and remedies in a particular case, please contact Doyle Lowther.
