Warning Signs That a Product May Be Defective
Before 1998, whenever we wanted to buy something, we usually went to the store to pick out what we wanted, bought it, and brought it home. In 1998, Amazon began selling products online. Now, you can buy anything from clothing to toys, food, and even a car with a click of your mouse. Today, Amazon ships over a million products each day. Unfortunately, not every one of those products delivers on its performance promise.
According to a recent story on MSN, a U.S. regulator has ruled that Amazon is legally responsible for recalling over 400,000 defective third-party products that were sold on the site.
Of course, Amazon is not alone when it comes to selling defective products. They can come from nearly any manufacturer, store, or online shop. Some of these products just don’t work as you expect them to. Others can cause serious harm. What are the warning signs that a product may be defective?
Visible Defects
Before using any product, you need to inspect it for visible defects. Any obvious crack, tear, or other comparable damage could compromise its effectiveness. For example, a ladder with a crack in a rung can lead to injury if you step on it and it breaks.
Compare the Specs
Every product comes with instructions or an owner’s manual. These documents tell you how to set up the product, use it, and maintain it. If there is a discrepancy between how the product works for you and how it is designed to work (according to the manual), it could be defective.
Use Your Senses
In addition to examining the product for visual signs of defects, you need to deploy your other senses. Be on the lookout for any unusual noises, strange odors, or signs of overheating to the touch. These could be indications of anything from defects to the electrical wiring or a chemical leak from different components.
Immediate Performance Failure
A defective product often fails to function upon first use or shortly thereafter. It should function properly as long as it wasn’t damaged in shipping, you’ve set it up and are using it as instructed. Anything less than that could render it defective.
Defective Versus Poor Quality
There is a difference between a product that is defective versus one that is poor quality. A product made from poor quality might fall under the category of “caveat emptor” or “buyer beware.” The following may be examples of poorer quality products:
Materials and Assembly
A poorer-quality product made with cheaper materials might not hold up as well as products made with better-quality materials. The same can be said for its assembly. If it is slapped together without proper inspections, it could become defective. In shoes, it might come down to a difference in the way parts are glued together as opposed to stitched.
Sub Standard Performance
A poorly made product might not perform as well as a higher-end version of the same product. A low-cost food processor might not function as a brand known for its performance features.
Longevity
Another hallmark of a poorly made product is that it doesn’t last as long as a well-made product. Every product has an estimated lifespan, but when your product breaks down in half the time, it could simply be substandard.
A poorly made product might not perform as you want it to, but that might not rise to the level of an actionable claim. The manufacturer or distributor could put up the defense of “you get what you paid for.” However, that doesn’t absolve them from the responsibility if their product causes harm.
How Can You File a Defective Product Claim?
If you’ve been hurt or had property significantly damaged as the result of a defective product, you are entitled to seek a remedy for any losses. First, you have to check to see if the product has been placed under a recall by the United States Consumer Product Safety Commission. After that, you can file a claim with the manufacturer or distributor. It might be a challenge to track down the applicable parties.
The attorneys at Belsky & Horowitz, LLC have experience handling defective products. We can help identify the parties responsible and work towards holding them accountable. Our support starts with a free consultation. Call to schedule a talk today. We want to hear what happened.
