What happens when a holiday gift turns out to be so defective that it ends up injuring someone? Maybe that much-hyped scooter breaks during its trial run – throwing its rider to the ground – or the tablet your nephew bought you somehow caught on fire.
Unfortunately, this is a question that people find themselves asking just about every year, usually right after the gift-giving is over. Electronics, games and toys that simply aren’t safe make it into consumers’ hands all the time.
3 basic types of defects are actionable
To have a claim against the manufacturer, distributor or seller of a dangerous item, you need to show that one of three things is true:
- There was a defect in its design: In other words, the whole thing was flawed from the beginning. For example, maybe the tablet was designed without proper shields around any elements that retain heat.
- There was a defect in its manufacturing: Even when a design is correct, the manufacturing process can go wrong. For example, maybe the scooter’s manufacturer substituted a cheaper, thinner metal on the grip bar, and it wasn’t strong enough to withstand normal amounts of stress when in use, causing it to break.
- There was a defect in the warnings: Maybe the scooter should have had restrictions in its instructions clarifying that it wasn’t meant to hold more than 200lbs at a time or multiple riders.
Hopefully, your holiday season will pass without any serious incidents or injuries. If you are hurt due to a defective product or a loved one has been killed, find out what steps to take next to obtain justice for your losses.