It doesn’t matter whether you are purchasing something that’s expensive or not, the reality is that all of us are spending our hard-earned money, which means that we do not want it to go to waste.
But sometimes, things may not go as planned, and we may end up with an appliance that has suddenly “decided” to stop working normally because it has some faulty parts. And that can honestly be extremely frustrating.
So what are you supposed to do then? You cannot just calmly accept this “inconvenience”, especially because there are devices that can cause significant damages, like fires, explosions, etc. If you are currently dealing with this, then stay tuned because, below, we’ll tell you exactly what you’re supposed to do.
What’s At Your Disposal In Terms Of Legal Options?
If a person has received a defective device, then they have two options at their disposal. The first one is called a breach of warranty, and the second one refers to product liability claims. So let’s discuss both of them!
When it comes to breach of warranty, in these instances, you realize that the product you obtained is malfunctioning, and you want to seek some form of compensation from the manufacturer.
If that’s the case, the company is obligated to fulfill the terms that are written in the warranty. If a particular product is intended for certain purposes, then you do not need to have a written warranty that’s going to prove it.
And this is known to be an implied warranty. Now, let’s move on to a product liability claim that can be pursued if you have a good solicitor by your side. In this case, you cannot just state that a certain appliance doesn’t work. You must prove that:
- The device you acquired is actually defective for different reasons
- That you were injured because of it, or experienced some sort of trauma
- That you used the product the right way (as stated in the manual), meaning that whatever occurred wasn’t your fault
This type of approach makes product liability cases a lot different in comparison to typical personal injury cases. What’s the main difference? Namely, in other personal injury cases, a plaintiff is obligated to prove that the defendant was, in fact, negligent.
If we perceive things from a legal perspective, both companies and people can be defined as negligent when they are not as careful as anyone else would be in the same situation. As far as these cases are concerned, they decided to employ a strict liability standard.
So what do we mean by that? To make things simpler, it doesn’t matter what’s the reason behind a defective product. Your only goal is to prove that a specific appliance doesn’t work properly, and more importantly, that you were injured by it.
What To Do If Someone Was Hurt Or Died Because Of Defective Electronics?
Any customer that purchased a defective appliance that injured them, or God forbid caused death to the person they loved has the right to do something right away. So what can be done exactly?
In these instances, they can file a defective product claim. If that’s something that you would like to do right now, then there are some things that you first need to consider in terms of legal options.
All of these alternatives are going to help you get the best possible outcome. In order to help you pick the most suitable option, below we’ll discuss more about them:
- Defects in instructions and warnings – What do we mean by this? To make things a bit clearer, we’ll give you an example. For example, every space heater must contain a warning that explains what can happen if your appliance is turned on for more than twelve hours. If by any chance, the space heater doesn’t contain this warning and potentially causes fire (because you weren’t informed about the consequences), it’s without denying a company’s fault.
- Manufacturer defect: We’ll also give you an example of this. For instance, if you bought a washing machine from a manufacturer that’s known to produce electrical sparks if it’s been turned on for several hours, then that’s definitely something that should be properly investigated, and more importantly, repaired. In addition, if the electrical sparks cause a fire, then the manufacturer must be perceived as guilty.
- Design defects – For example, if you obtain an oven that comes with a heat regulator that’s prone to increasing the temperature gradually in the oven which could potentially lead to fire, then both the seller and manufacturer must be held accountable.
What Exactly Can Be Defined As A Defective Product?
A defective product is in fact any type of consumer product that has caused an injury (or even death), or any sort of damage even though it’s been employed correctly, as instructed in the manual.
If this product causes harm, then you have the right to seek compensation for numerous things, such as medical expenses, physical and mental pain, lost salary, property damage, or any other damage that was caused by a specific appliance.
Of course, in order to do so, you must take legal action that’s known as a product liability claim. Now, there are some products that are frequently (or at least more than others) perceived as defective and they include the following:
- Vehicles and car parts
- Electronics and household devices
- Building materials
- Items that were made for kids, such as cribs, toys, and strollers
- Medications and various medical equipment
Types Of Compensation You Can Receive If Defective Electronics Caused Fire
If the product you acquired caused the fire, then you have the right to seek compensation for this damage for your losses. So the question is, what are the most common sorts of compensation in these instances?
- Economic damages
- Non-economic damages
- Punitive damages
No one ever goes on a shopping spree thinking that they will end up purchasing a product that could potentially destroy their life, however, if something like this ever occurs, then at least be sure to follow our advice to get the compensation you deserve.