Despite the constant efforts by the consumer protection agencies to protect customers from defective products, cases of injuries and damages resulting from consumption of faulty products are still prevalent. A defective product can involve numerous things ranging from household items to medical embeds. Most consumers are not aware of the steps to take if they fall victim to these defective products. Here are a few guidelines on what to do in the case of such a scenario:
Possible Injuries
There is a wide range of damages that could result from consuming defective products. These include food poisoning from ingesting expired foods served in food outlets and restaurants, adverse skin reactions from beauty products and injuries by failed gym or sports equipment. Faulty medical devices and products such as defective implants and flawed metal hip replacements could also lead to serious health complications.
When to Sue for Injuries
Legislations governing lawsuits from damages and eligibility for compensation vary by state. If you suffered any emotional, physical or financial harm, consult a professional attorney at a place like TruLaw to advise you if you are eligible to sue. It is advisable to take photos of the damages caused to use as evidence in case you are entitled to sue.
Who to Claim Compensation From
The party to sue depends on who you bought the product from. You can also claim compensation from the manufacturer, but only for the damages caused and not the cost of purchase. For clarification on who you should sue, seek legal advice from a qualified lawyer.
The Claim Process
The first step is to claim compensation from the party that sold you the item. Make a formal complaint and outline the cost of the item you purchased, but only if you have not received a refund or replacement. Attach copies of the photos showing the damages and keep the originals as they could be required in future, if you decide to sue. Present the letter in duplicate and have one copy acknowledged as received by the company.
How It Gets Calculated
The calculation process for compensation of faulty products varies quite a bit depending on your situation. Most of the time, your life path before you suffered from the faulty product and your life path now will be compared, and compensation will be given to monetarily “bridge the gap” between these two points. Obviously, a lawyer is very important during the step of proving how your life has been affected.
Recalls of the Defective Products
The manufacturer may recall the faulty products if they verify the potential defect in their products. They will issue a voluntary recall to all vendors, known purchasers, and distributors. They will also issue replacement or repair instructions to the consumers and caution them on dangers of using the product. If the manufacturer does not issue the recall, government agencies such CSPC or FDA may issue the recall upon proper investigations. It is imperative to note that a recall neither implicates nor vindicates the manufacturer. The verdict depends on the particular details of the case.
If you try all avenues and still do not succeed in your quest for compensation or if you are not contented with the offer, you can contact the trade association where the vendor belongs. Alternatively, pursue an alternative dispute resolution (ADR) scheme for an out of court agreement.
