Consumer rights are protected by the Federal Trade Commission. Federal laws enforce these rights and protect consumers from unethical manufacturers who fail to warn the public about hazardous products. The laws enable consumers to seek compensation if they are injured while using the products, and they have the right to report the product to the Federal Trade Commission.
If the product is dangerous, the FTC can issue a product recall to remove the product from store shelves and protect consumers from further injuries. Product liabilities emerge when a manufacturer fails to warn consumers properly. Reviewing product liabilities consumers discover the most effective strategies for filing a legal claim.
Reporting the Product to the FTC
Reporting the product to the Bureau of Consumer Rights of the Federal Trade Commission informs the federal agency about the risks it presents. The federal agency has the authority to investigate the product for flaws and any risk to consumers. If the product is dangerous, the agency could issue a product recall to get the product off of store shelves and away from consumers. The agency will take action if consumers continue to sustain injuries while using the product. Victims of product liabilities can start a legal claim by contacting a consumer product attorney now.
Was a Product Recall Issued?
When a product recall is issued, the manufacturer must follow all instructions as directed. They must provide refunds to consumers who purchased the product or the manufacturer is required to complete repairs. The manufacturer must present information to consumers about the product and what they should do to get a refund or the necessary repairs. Attorneys provide guidance for any victims who sustained injuries while using the product.
What Injuries Did the Victim Sustain?
Medical attention is necessary for any consumer who sustains injuries while using the product. They will need medical records that show their exact injuries and how they were produced. The records must indicate that the product caused the injuries and the manufacturer is liable.
The severity of the victim’s injuries defines how the injuries will impact the victim’s life. If their injuries are permanent or if they develop a disability, the manufacturer may be liable for more severe injuries, and the victim may be entitled to a larger monetary award. If the injuries prevent them from working, the manufacturer may present a settlement offer, but the victim must allow their attorney to discuss settlement offers with the defendant.
If not, the manufacturer may pay a smaller amount that doesn’t cover all the victim’s financial losses. The victim should never have any discussions with the defendant, and it is more appropriate to let the attorney negotiate for more substantial compensation.
Gathering Forensic Evidence for the Victim
When testing the product, an independent lab determines if it is plausible that the product produced the victim’s injuries. They will test a variety of ways to use the product that lead to an injury. The findings are reported in the legal claim when the victim starts a lawsuit.
The forensic tests must show that the consumer sustained the injuries using the product as directed by the product packaging. They must also follow any warning labels on the product’s label to avoid injuries. When presenting the case, the victim must provide the exact product that they used. The lab will compare results between the consumer’s product and another model or supply of the product.
When examining the product, the lab will look for warning labels that indicate a risk to the consumer. If the consumer didn’t follow the instructions and ignored the warning label, the manufacturer could get the case dismissed.
Were There Others Who Were Also Injured?
When investigating the product, the Bureau of Consumer Rights will determine if there are any other consumers that sustained injuries. When they issue the product recall, the agency presents details about filing a lawsuit for their injuries. When filing a legal claim, the attorney will place an ad to find other claimants that sustained injuries. When it has been proven that the product caused the consumer’s injuries, it is necessary to notify the public and determine if others want to file a legal claim, too.
Preparing for a Legal Claim
When preparing for an individual claim for a product liability, the individual must gather medical records, statements that show financial losses, and the findings from the forensic tests. If the product packaging didn’t include warning labels, the evidence could prove that the manufacturer failed to warn the public about the dangers of the product.
The attorney reviews all details about the victim’s injuries and determines who needs to testify and if additional evidence is needed to substantiate the victim’s claim to the court. A judge and jury review the claim and decide if the victim is entitled to compensation for their injuries and financial losses.
When Are Class-Action Lawsuits Started?
If more than one claimant is filing a lawsuit against a manufacturer for a product liability, the attorney starts a class-action lawsuit. Typically, class-action lawsuits allow multiple claimants to get their day in court together, and they present all evidence for all claimants at once.
The monetary award presented by the court is divided among the claimants according to how much compensation they are entitled to receive. When there is a larger collection of claimants, the court hears the cases of the victims that sustained the most severe injuries. Consumers report products to the FTC when they sustain injuries while using the products. According to federal laws, the manufacturer must inspect the product for flaws and hazards that could result in consumer injuries. All products released to the public must provide warning labels if the consumer could sustain an injury under any condition. When evaluating the product, the FTC or the victim’s attorney can start forensic testing to prove that the consumer sustained their injuries while using the product according to the instructions. Reviewing product liability laws helps claimants determine the next step when filing a legal claim.