Defective product injuries are often times associated with toys and baby products. And as you know, these items are extremely popular during the holiday season. Unfortunately, there are times when these items cause injury to the recipient. And in the most serious of cases, a defective product can also lead to death.

What Is Product Liability?

Product liability is the liability that a manufacturer holds in the event that their product is designed or made poorly, and causes injuries to their consumers. It is important to note, that there are no federal liability laws. This means that it is up to the individual states to establish what elements are required, as well as what liabilities a manufacturer holds.

In Massachusetts, the state recognizes three types of product liabilities, which include:

  • Manufacturing defects: A manufacturing defect occurs when the manufacturer makes an error or manufacturers a product in a way that is unsafe for consumers.
  • Design defects: Design defects occur when the design of a product is what leads to injuries.
  • Failure to warn defects: Products that contain risk must have warning labels. A failure to warn occurs when the manufacturer or designer does not warn consumers of these risks.

Most product injuries will fall into one of these categories. If you are unsure if your case qualifies as a product liability case, it can be helpful to reach out to a lawyer. Because statute of limitations also varies by state, and even responsibility, it is important to consider your options and start the process as soon as possible.

Understanding Product Liability Laws

According to the law, sellers and manufacturers are required to use “reasonable means” to ensure the overall safety of their products. This means four things:

  • Thorough product safety testing.
  • Ensuring that none of the product’s parts are defective.
  • Including usage instructions.
  • Providing a warning on the packaging if necessary.

Products that you purchase for use should be safe and free of dangers. If there is any risk, then they should notify you.

What to Do If Your Loved One Suffers a Product Injury This Season

The holiday season should be a time of joy of happiness. Unfortunately, if a product is defective and it leads to injuries, it can ruin your holiday celebrations. If you or a loved one is injured by a defective product this Christmas, your first priority is simple: receive immediate medical attention. Be sure to document the process and collect medical records and invoices.

Secondly, you should consult with an experienced defective product injury attorney. This person can explain your rights, help you reclaim your life, and negotiate a claim you are comfortable with. If a manufacturer or designer was negligent in their care, then it is only right that they provide you with the compensation that you, or your loved one, need to recover.