Understanding Your Legal Rights After Injury From a Defective Product

Defective products are items that fail to perform as expected and pose a risk to consumer safety. These products can result from design flaws, manufacturing errors, or inadequate warnings and instructions. The impact of such defects is significant, often causing physical harm, emotional distress, or financial losses.

According to the NSC, 12,740,256 people were treated in emergency departments due to consumer product injuries in 2023. Many injuries come from everyday items commonly believed to be safe. The highest injury rates are seen in young children (ages 0–4) and older adults (65+ years).

Consumers have legal rights when harmed by such products. Therefore, it is essential to understand your legal rights (like filing a lawsuit) in case of injury due to a defective product.

Real-World Example of Product Liability Lawsuits

The Abbott spinal cord stimulator lawsuit has brought serious attention to the dangers of defective medical devices. In recent years, multiple patients filed legal claims after experiencing severe side effects from Abbott’s Proclaim and other spinal cord stimulators. These devices, implanted in the body to manage chronic pain, were found to malfunction or cause new injuries.

Complaints included electric shocks, burning sensations, device migration, and even nerve damage. In some cases, the stimulator failed, forcing patients to undergo additional surgeries to remove or replace the device.

This case is a strong example of product liability in action. It illustrates how design flaws and manufacturing errors in medical products can lead to major harm. MedTech Dive reports that the FDA has classified Abbott’s recall of its Proclaim and Infinity neurostimulation systems as a Class I recall. This is the most serious type, indicating a risk of serious injury or death.

The Abbott spinal cord stimulator lawsuit also exposed problems in how the devices were tested, approved, and marketed. Despite being intended to improve quality of life, the devices ended up causing physical trauma and financial loss for many users.

Understanding the legal impact of this lawsuit is vital. It helps show how injured individuals can pursue justice against large medical device manufacturers. TruLaw says victims in the Abbott case have used legal action to hold the company accountable, push for transparency, and recover compensation.

Key Elements of a Product Liability Claim

When filing a product liability claim, several key elements must be proven to establish the case. These elements include demonstrating that the product was defectively designed, manufactured, or lacked adequate warnings.

Proving Fault

The first and most crucial step in any product liability claim is establishing fault. This involves showing that the product in question was defectively designed, manufactured, or that it lacked proper warnings or instructions.

Design Defects

Design defects occur when a product’s design is inherently unsafe. LawInfo highlights that it means there was a flaw in the way the product was created or engineered. To prove this kind of defect, it often helps to show that a safer alternative design was available.

Manufacturing Defects

Manufacturing defects differ from design defects in that they occur during the production process. A manufacturing defect happens when a product departs from its intended design. It is often due to human error, equipment malfunction, or quality control failures. These defects can be less predictable than design defects, as they can occur in otherwise well-designed products.

Linking Injury to Defect

The most important part of a product liability claim is linking the injury or damage directly to the defect. This is where most claims face challenges, as the plaintiff must prove that the defect was the primary cause of the injury.

Identifying the Responsible Parties

It’s crucial to identify the responsible parties who may be held accountable for the harm caused by a defective product.

Manufacturers

Manufacturers are often the primary defendants in product liability cases because they are directly involved in creating and producing the product. They have a legal duty to ensure that the products they make are safe for consumers. If a defect exists in the design or production of the product, the manufacturer can be held liable for any resulting injuries.

In Compliance Magazine reports that under the CPSA, manufacturers have a primary duty to immediately inform the CPSC about product safety issues. The CPSC has recently settled cases with numerous companies for allegedly failing to report safety issues or doing so late.

Retailers and Distributors

Retailers and distributors may also be held liable for defective products in certain circumstances. While they don’t directly manufacture products, they play a key role in getting those products into the hands of consumers. If a product has a design or manufacturing defect, and the retailer or distributor ignores known risks, they may be held partially responsible.

Suppliers and Designers

In certain cases, suppliers and designers can also be held responsible for product defects. A product’s defect might stem from flaws in the materials used or in the product’s design itself. In these situations, the supplier or designer might be considered a liable party.

Statute of Limitations

The statute of limitations is a legal deadline. It sets the time you have to file a lawsuit after an injury or damage happens. In product liability cases, this time limit depends on the state where the claim is filed. 

Most states allow between one to four years from the date of injury to file a product liability claim. For example, Ohio gives two years of statute of limitations, as per Nolo. This means you have two years from the date of the injury to file a lawsuit. If the statute of limitations runs out, and no valid extension applies. Your case will likely be dismissed, and you will lose the right to compensation.

If a defective product has caused injury, acting fast is important. Waiting too long can mean giving up the right to hold a company accountable. Understanding the statute of limitations helps ensure a strong legal case is filed in time.

FAQs

How do you deal with defective products?

To deal with defective products, promptly document the issue with photos or videos, and retain receipts. Then contact the seller or manufacturer for a replacement, refund, or repair. If unresolved, escalate the matter through consumer protection agencies or consider legal action if necessary.

How to get compensation for a defective product?

To get compensation for a defective product, gather proof of purchase and evidence of the defect. Then contact the seller or manufacturer to request a refund, replacement, or repair. If they refuse, file a complaint with consumer protection agencies or pursue legal action.

How do companies deal with defective products?

Companies address defective products by investigating complaints, issuing recalls if necessary, and offering refunds, replacements, or repairs. They may also review manufacturing processes to prevent future defects. Companies can also ensure compliance with safety standards to protect their brand reputation and customer trust.

Understanding your legal rights after being harmed by a defective product is essential. Delays or missteps in filing can result in losing your right to recover compensation, no matter how valid your claim may be.

Getting professional legal help early on can make a significant difference. An experienced attorney can guide you through documentation, help you meet critical deadlines, and build a strong case. Legal action is not just about compensation, it’s about justice, safety, and making sure your voice is heard.