This is a multi-state form covering the subject matter of the title.
Product Defect Examples In Philadelphia
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State:
Multi-State
County:
Philadelphia
Control #:
US-000283
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Word;
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FAQ
It might be worth contacting the manufacturer initially, just to make sure you're using the product correctly. But if the problem truly is a defect, it's best to return the item for a refund or exchange—if the retailer allows it and you're still in the return period.
In assessing whether a product was defective, courts have adopted two standards: the consumer expectation standard and the risk-utility standard. Under the consumer expectation standard, a product is defective if its danger is unknowable and unacceptable to an ordinary consumer.
Your lawyer must establish a direct link between the breach of duty (defective product) and the injuries that you sustained. The attorney must show that the defect was a substantial factor in causing the harm, connecting the defendant's actions or omissions to the resulting injuries.
Federally, retailers must accept returns under two basic scenarios. First, federal law requires refunds if the product is defective. Small variations or cosmetic defects might not legally require a refund. But significant problems with the product's safety or functionality could conflict with the product's advertising.
A toy box was defectively manufactured – the hinges were not installed properly on the lid. If a child is playing with the box and the lid closes too quickly because of the defective hinges, it can cause serious injuries to the child.
If the retailer refuses to replace or repair the product, then the retailer will have to prove that you the consumer has caused the fault. If they cannot prove that you caused the fault, then you are entitled to a repair, a replacement or even a refund.
You have the right to a repair, replacement or full refund if your goods are faulty, unsafe, do not work, or are very different from the description or sample. You have the right to the problem being fixed, a cancellation and partial or full refund, or compensation, if the services you received are not right.
Product liability insurance helps protect your business from claims that a product you made or sold caused bodily injury or property damage to someone else's belongings. An insurance company may offer this coverage as a standalone policy, but we include it as part of your general liability insurance.
In general, an injured party must prove that the product was defective or dangerous at the time when it left the possession or control of the defendant. The seller is not liable for injuries caused by parties' mishandling or other actions that make the product harmful at the time it was consumed by the purchaser.