Unsafe Products and Protecting Yourself

BusinessLegal

  • Author Alan Haburchak
  • Published March 21, 2008
  • Word count 506

Millions of Americans place their faith in manufacturers of products ranging from everyday headache medicine to cleaning products, however, what many U.S. citizens are unaware of is what happens and what steps to take after the purchase of a faulty product, or, a product that is merely unsafe. The most important step an individual can take to protecting themselves from unsafe products is to know and understand the legalities behind consumer rights.

Reasonable Care

The term "reasonable care" or "standard of care" often comes up in unsafe products litigation, and for good reason: a product's liability often comes down to reasonable care. The law expects that both manufacturers and consumers will act with reasonable care.

Basically, this tenet means that a reasonable manufacturer would do everything in its power to develop a safe and marketable product, while a reasonable consumer would take heed of product warnings and use a product in its intended manner. For example, it is reasonable for a manufacturer to design automobiles to be crashworthy, or able to sustain an automobile accident with minimal impact and injury to passengers. At the same time, it is reasonable for a customer to drive an automobile in a rational and safe manner. Although, a manufacturer is not at fault if an individual behaves in an erratic manner no matter what the results of a vehicle crash or other destruction may occur.

Reasonable care extends to the actions of consumers when using a product. An example of this comes down to if a consumer disregards a warning label on a product, which was placed on the product under reasonable standard of care.

Unavoidable Dangers

Under the standard of reasonable care, manufacturers are expected to adequately warn consumers about the potential dangers of their products. However, manufacturers cannot be held liable for unavoidable dangers of a product. For example, manufacturers often place potentially unsafe products - such as heavy machinery or drugs - on the market. Consumers who disregard the risks and warnings of heavy machinery or prescription drugs cannot reasonable hold a manufacturer or company liable for their erratic actions.

Caveat Emptor No More?

The law used to favor businesses with a strict caveat emptor ("let the buyer beware") interpretation of products liability law. However, the courts are beginning to recognize more and more responsibility on the part of businesses and manufacturers to inform their customers about the inherent risks of their products and to design their products with safety in mind.

Businesses are liable for products that pose a danger to consumers. This is a good tool for consumer protection - strict liability laws hold manufacturers accountable for educating the buyer and creating safe products for consumers and gives consumers redress when they have suffered injury from an unsafe product. If you have been harmed by an unsafe product, consider contacting an attorney experienced in the field of products liability law. A lawyer with experience in unsafe products litigation can help assess whether you have a valid claim and lead you through the legal process.

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