This is a multi-state form covering the subject matter of the title.
This is a multi-state form covering the subject matter of the title.
With regard to products liability, a defendant is liable when the plaintiff proves that the product is defective, regardless of the defendant's intent. It is irrelevant whether the manufacturer or supplier exercised great care; if there is a defect in the product that causes harm, he or she will be liable for it.
If a conscientious company has discovered a defect with one of its products, it may issue a product recall. Through the recall, they accept the financial burden of replacing, fixing, or reimbursing consumers for the defective goods.
If a conscientious company has discovered a defect with one of its products, it may issue a product recall. Through the recall, they accept the financial burden of replacing, fixing, or reimbursing consumers for the defective goods.
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.
When manufacturers market and sell an unsafe product, they owe it to consumers to warn them of any risks. For example, if an appliance gets hot after use, there should be a warning not to touch it. A product can be dangerous even if there is no design defect. The same is true when it comes to manufacturing defects.
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.
The FTC has issued a Notice that it has determined that certain acts or practices involving the sale of merchandise which is damaged or defective or different from that ordered are unfair or deceptive, and violate the FTC Act.
You can usually still get a full refund due to what's called your 'short-term right to reject'. After that only expect exchange, repair or part-refund. Within six months. The shop must prove goods weren't faulty when they sold them – after that, you must prove they were.
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.