Products Liability 101 for Consumers and Businesses
Any product, before it is released in bulk to the market for distribution and retail, must meet the ordinary expectations of consumers. Depending on the type and regardless if it is inherently dangerous or not, a product is expected to be in good, working condition and is used as intended.
More importantly, it should not have any unexpected defects or any unforeseen dangers that could raise a consumer’s risk of getting injured. Unfortunately, one of the reasons why thousands of injuries and deaths are recorded annually is due to the defective products that have been sold and currently being sold in the market.
Accidents that happen because of using a product with a certain defect are what comprise a lot of product liability claims and lawsuits. The legal term “products liability” refers to responsibility of the manufacturer, seller, or anyone involved in the so-called “chain of distribution” to ensure consumers are able to buy products that are free from any potential hazards.
It also refers to the responsibility of the same entities for the injuries and other damages that consumers incurred after using products with defects. Since they failed to meet the consumers’ ordinary expectations, the latter is then compelled to seek damages.
Injuries Due to Failed Products
Whether you have been injured because of manufacturing or design defect, or have been in the same situation because of using a product that lacked labels that could have warned you of an imminent danger if you used it the wrong way, it is important that you assert your right to obtain compensation from the liable party.
If you were injured due to product malfunction, it is important that you seek medical treatment as soon as possible. Even if the injuries are minor, undergoing treatment so will steer you away from further complications. Also, when you decide to file claims against the negligent party, the medical records you will have later on would be crucial in proving that the injuries you sustained were due to the use of the defective product.
If in case the product that caused you harm was something that can be recalled by the company responsible for distributing and manufacturing it, then you need to check it with appropriate government agency. The agency has a website where you can determine whether the product in question was one of those issued with a recall. If it is included in the recall, there are instructions on how to return or repair it. Otherwise, you need to also contact the agency and the product manufacturer and inform them about your injuries.
Importance of Having Products Liability Insurance
Companies whose business mainly revolves around products manufacturing, production, distribution, and retail must know the importance of having public and products liability insurance. If your business is part of this certain industry, it is a must that you are protected through insurance so you will have better leverage in case an injured consumer files a claim against your business. There are many insurance providers in Australia that can provide you with extensive policies depending on your business’ needs.
One of the most common mistakes products manufacturing, distribution, and retail businesses make is to discount the fact that they may face legal actions in case their product fails and injures a consumer. In order to avoid any financial and legal challenges when such scenario happens, it is important to be protected by public and products liability insurance. You can never be too confident as far products liability is concerned. Don’t take any chances because you could never tell if your business is one lawsuit away from being bankrupt.