Have you ever bought a fake product and got severe side effects from it? We know how frustrating it is to waste your money and purchase a fake product. According to statistics, 46% of counterfeit products lie in the category of personal care while 18% is from pharmaceuticals. Harmful products are the leading cause of numerous injuries in America.
Laws governing this situation can help you sue the person behind the product. The case falls under product liability where the manufacturers or retailers are liable for selling defective products to consumers. In every state, the law comes up with safety standards that each product should meet to prevent harming the consumers. When people fail to meet these standards, it may lead to severe damage.
Both the victim and the state at large is affected by fake goods. For every counterfeit product you purchase, a legitimate industry loses revenue. This reduces the profits in our economy as well as boosts activities such as money laundering. We will look at the impact of fake products on victims as well as the legal implications behind them.
What are the parties involved?
For it to be called a product liability, the product must be existing in the market. It must take place during business. Sometimes, defective products have more than one party to blame. These include:
- The people behind manufacturing the product as well as those who produce some parts of the product.
- The assembling team
- A wholesaler
- The retailers.
What are some of the product defects liable for a lawsuit?
For you to win a product liability suit, you must prove that the defective product caused physical injury on you. You must show that the defective product is, therefore, dangerous for human use. You can only prove this if you understand the forms of product defects. They include:
Design defects
In this case, there must be a defect in the product long before it the manufacturers made it. The product design may be unsafe for humans.
Manufacturing defects
The defect here occurs during manufacturing or assembling the product. The manufacturers may add harmful chemicals to a product without understanding the adverse side effects. This can also include parties such as contractors and consultants.
Marketing defects
This is the most common type since it involves a wrong or poor marketing strategy used. The product may have improper labels where information is exaggerated or untruthful. The instructions may be unclear such that you cannot tell what quantity you need to use. In another case, there may be insufficient safety warnings on the product such that a consumer does not know the risks involved in using the product.
What does the law state regarding product liability?
As the plaintiff, you must connect the product with the person responsible for selling it to you. The law can, however, consider your suit even if you might not be the original buyer of the product. For instance, if a new moisturizer bought by your sister affects your skin, you can still file for damages. It still remains a defective product disregarding the buyer. If you accidentally get an injury from a defective product that you are not using, you can file for product liability claim.
The opposing side can also win the case with the claims that you misused the product. For instance, if you took the wrong dosage of drugs described from a chemist and suffered some side effects, the law sees it as your fault. They can also argue that you altered the functioning of the product after you bought it from a manufacturer. This may have resulted in your injury.
From the two sides, the law demands that the manufacturer provide all the necessary information regarding the product to prevent further injuries. The scenarios above should let you know that you need a competent lawyer to win the lawsuit.
How to handle product liability
Go for medical treatment
If using the product causes physical harm, you can seek medical help. For instance, your body and facial cream may include hydroquinone which caused a burning effect on your sensitive skin. Let the doctor confirm all the side effects and take photographs to present them as evidence in court.
Preserve evidence
You can keep receipts from the purchase as well as the address of the retailers. Take photographs of the location so that the authorities can trace the area to gauge your claims. Look for people who have suffered similar injuries from using the products so that they can form part of your witness team.
Identify who to blame
Since product liability may involve more than one party, you should be able to identify possible defendants so that you can build a strong case. For instance, technical experts who should provide some warning on products can be part of the defendant’s team. Knowing everybody involved helps you determine how much compensation you might get from the lawsuit.
Get a product liability attorney
A lawyer with insight and experience on injury from product liability could help you file for damages. Give them evidence such as the product itself, receipts as well as any medical records. Maintain a good relationship with your lawyer and keep in touch for any information from the court proceedings.
Consider pre-settlement funding
Pre-settlement loan will help you settle pressing expenses as you await the judgment of your case. You need to present the company with documents including medical records for them to give you a cash advance. Your attorney’s information is also crucial to pre-settlement funding companies.
Final thoughts
Everybody is looking for a way to lay food on the table. Some people may not be honest in how they earn their living. Counterfeit products have impacts on our economy, legal implications as well as health risks. People sell fake products disregarding the safety of consumers, with the aim of increasing their income. It is an unethical practice that is growing every day. We should, therefore, be aware of fake products and take the measures above to file for damages. All the best!