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Defective Products
By Anna Henningsgaard


Have you ever noticed how many warning labels are on things? As a child I always especially noticed the tag on the hair dryer because it addressed me directly: ?Warn children of the risk of death by electrocution?. These warning labels are placed on products to protect the company from lawsuits from people who injure themselves with products, because the label warns consumers about potential risks or dangerous applications of the product. Many of the labels seem ridiculous with warnings such as ?do not ingest? or ?do not place near open flame?, but if the warnings were missing and you hurt yourself, you could sue the company for marketing a defective product!

The 1994 Safety Regulations on general product safety apply to both new and second-hand consumer products. Among the hundreds of products included are clothing, medicines, agricultural and horticultural products, DIY tools, food and drink, household goods, nursery goods, chemicals and pesticides, and motor vehicles. These rules require all suppliers of these goods to supply products that are safe when used in both normal and unusual-but-predictable applications. Taking into account all circumstances, if a product does not provide a reasonable level of safety it is considered a defective product.

A product that merely doesn?t work, but also does not hurt anybody, does not qualify as defective. You can return such a product to the manufacturer or pursue action under law of contract, but without being dangerous this broken product does not qualify for a defective product lawsuit. Other circumstances, like the warning labels, are also relevant to determining whether a product is defective or not. If there is a label warning you of electrocution, you can reasonably expect to be electrocuted if you misuse the product.

Despite the large number of warning labels out there, there are still a good number of products that either a) do not warn consumers of reasonable risks or b) suffer from potentially dangerous manufacturing flaws. Sometimes the company knows their product is dangerous and defective and sometimes they are unaware of the risks, but either way defective products place your life at risk. If you or your loved ones have been injured by a product, seek legal council to determine if the product was defective. Suing a company for a defective product can both resolve the pain you have experience and protect other consumers from dangerous products.

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