It is no secret that in this modern world that is run on tech, sometimes defective products slip past manufacturers and sellers and end up being sold to consumers. When this happens, accidents can occur, causing personal injuries and damage to property. So, it is important that consumers understand their rights and the product liability laws in place to protect them.
We will discuss all of this and explain when you can make a product liability claim with the help of a great personal injury lawyer. We will also go over the subtle differences between negligence and liability so you understand the potential severity of your case. Finally, we’ll address the all-important compensation for these types of incidents.
A World Run on Tech
In this modern age in which there are constantly innovative new tech products hitting the market, we live in a world run on technology. Consumers rely on tech products to enhance their lives and they revolutionize the way we all live day-to-day. The problem is, we don’t expect tech products to be defective and fail us – but sometimes they do.
As technology continues to advance and become more complex, the potential for defects becomes more apparent, as does the risk to consumers. So, we need to understand consumer rights and product liability laws in order to protect ourselves in the chance that something goes awry. Product liability laws fall into the category of personal injury, so if you have a product liability issue, contact a personal injury lawyer.
Consumer Rights
Consumer rights are a set of legal entitlements and protections that have been put in place to protect consumers from negligence and dangerous products. These rights aim to ensure that consumers only come into contact with safe, reliable, and effective products that do not do them harm. This also helps to balance the power between consumers and manufacturers and holds manufacturers accountable for their products and the harm they cause.
Some of the most basic consumer rights include the right to safety, the right to information, and the right to be heard. In terms of technology, consumers have the right to expect that the tech products they buy are safe and fit for purpose, and free from potentially dangerous defects. They also have the right to relevant information about the products they are buying, including potential risks and user guidelines.
Product Liability Laws
So, when we talk about product liability laws, we are addressing the laws that are in place to ensure manufacturers, distributors, and sellers do not cause harm to consumers through negligence and defective products.
When a tech product causes harm to a consumer due to a defect, the injured party can seek compensation through a product liability claim. According to expert Las Vegas personal injury attorneys, physical evidence of the injury is important if you want to take your claim to court. So, photos of the injuries, medical records, and physical evidence such as the defective gadget are all important pieces of evidence to keep in the wake of a tech incident.
When Can You Make a Product Liability Claim?
You can make a product liability claim if you have suffered an injury or damage to your property due to the defect of a tech gadget. You have to have evidence that there is indeed a defect in the tech product and that injury or damage was a direct result of the defect.
Moreover, you need to have been using the product as it was intended, not in a creative or inadvisable way. If you were messing around with a tech product and got hurt by ignoring the user manual, this is not the fault of the manufacturer or seller, provided they offered alternative instructions. Finally, the defect has to have been foreseeable by the seller or manufacturer so you can claim they were liable or at least negligent.
Liability and Negligence
Words like “liability” and “negligence” are often bandied around in legal discussions, but what do they really mean in court?
In terms of product liability, when a manufacturer or seller is found to be liable for a defect and the resultant injuries or damages caused, it means that they are being held responsible for the incident regardless of whether or not they were negligent. So, if the product is found to have a defect that caused harm while being used as it was intended to be used, the manufacturer or seller is strictly liable for the damages.
On the other hand, if the manufacturer or seller is found to have been negligent, this means that they acted carelessly or recklessly in designing, manufacturing, or selling the product. The injured party and their lawyer have to prove that the responsible party had a duty of care to the consumer and that they breached that duty, directly resulting in the injury or damage suffered by the consumer.
Compensation
Now that you understand the concept of a product liability lawsuit and what the conditions are for taking this claim to court, let’s discuss compensation. In a product liability case, compensation is awarded in order to alleviate the suffering of the consumer caused by the defective product.
If you have been injured in a product liability case, you may have racked up medical bills, lost wages due to injury, experienced pain and suffering, and experienced a diminished quality of life. These damages are physical, mental, and financial. Compensation aims to reduce the weight of this suffering and allow the injured party to live life as they did before the incident, to the best of their ability.
Now that you understand the legal implications of defective tech products, you will know what to do if you ever experience a personal injury or damaged property due to the defect of a tech product. We have explored consumer rights and product liability laws, so you are well aware that you have rights, while manufacturers and sellers have a duty of care.
You now know that you can make a product liability claim if you were using the product correctly, it was defective, and the defect directly resulted in your injury. If the manufacturer or seller is found to be liable or negligent, you can receive compensation for your suffering. Call a lawyer today if you think this article applies to you.