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Did You Use a Defective Product?

Nichol & Associates, Attorneys at Law July 8, 2021

Anyone in Tennessee can injure themselves with virtually any product. If the individual misused the product or ignored the warnings on the package, they probably won’t be able to file a lawsuit. However, you might have a viable lawsuit if a defective product caused your injuries.

How Do You Know if A Product Is Defective?

The Consumer Product Safety Commission (CPSC) uses a series of questions to determine whether a product is defective. To start, the CPSC will ask what the product is supposed to do. This involves some level of common sense–if a manufacturer makes a grill, consumers should know not to touch the hot coals. However, if an individual used the product for its intended use and still injured themselves, the manufacturer might be making defective products.

The CPSC also asks if the product has warnings on the packaging. For example, a manufacturer might print a warning label on a jug of hazardous chemicals. If the consumer burns themselves when they use the chemicals, it might be their fault for not heeding the warning. On the other hand, they might have a case if the manufacturer didn’t provide appropriate warnings.

Additionally, the CPSC will ask if the product presents an obvious risk. When a consumer buys a knife, they should know that it poses a risk if they don’t use it correctly. However, some products might not look risky at all and don’t come with a warning. In this case, the manufacturer might be liable for the consumer’s injuries.

Were You Injured by A Defective Product?

It can be hard to determine whether a product is defective or not. You may want to talk to an attorney to see if you could move forward with a lawsuit. If the product is defective, several other people might have filed their own lawsuits. You could also be the first, shedding light on a dangerous product.