What makes a product defective? Theoretically, just about any product on the market could potentially injure someone -- but not if they're used appropriately and with the right precautions. When you buy a product, you enter into a sort of contract with the manufacturer and seller that the product will do what it's supposed to do -- without causing injuries through some kind of malfunction.
Unfortunately, it isn't easy to tell just by looking at a product whether it's defective. Take, for example, the recent recall of 23,000 Super Jumper Trampolines. The United States Consumer Product Safety Commission (CPSC) announced the recall, which affected both the 14-foot and 16-foot trampolines -- all of which are equipped with safety nets -- because the welding job on the legs underneath the toy was defective. The trampolines could potentially collapse under normal use.
To date, 97 people have reported injuries due to problems with the trampolines. Consumers have been told that they can get a free repair kit with reinforcement clamps -- but how likely are you to trust that they'll keep your kids safe?
If you or your child suffered an injury due to a defective product, you may be able to sue for compensation for both your economic losses and your noneconomic losses. Your economic losses can include ambulance costs, treatment at a hospital, follow-up care with your doctor, physical therapy, reconstructive surgery, lost wages from time off work and more. Your noneconomic losses can include your pain and suffering -- and even psychological distress, depending on the type of injuries you have.
If you have questions about a defective product and a company's potential liability for your losses, contact our office. We can offer you a no-nonsense assessment of your case and help you better understand the legal process ahead.