Not everything that a consumer purchases always works as planned. A product might be broken, defective or flawed. In some cases, this means seeking a replacement product because the defective product simply does not work and thus, serves no purpose to the consumer. While a broken or defective product may not impact some consumers in Montana and elsewhere, others could suffer greatly due to the defects causing the product to malfunction.

There are three types of defects that could result in an injured consumer invoking his or her consumer rights and filing a product defects claim for the injuries and damages suffered. First, there could be a defect in the design of the product. Next, there could be defects in the manufacturing of the product. Lastly, there could be defects in warnings for the product.

If a dangerous product injures a consumer due to defects, there are two main legal theories that could prove liability. The first is negligence. This occurs when the injured consumer proves that the manufacturer or retailer was negligent and breached the duty owed to consumers, thus causing the injuries suffered.

The second method is strict liability. This means that manufacturers are strictly liable for the product defects that occur during the manufacturing process regardless of the manufacturer’s level of care. Under this theory, those injured do not need to prove negligence if they were injured by a defect that resulted from a manufacturing error.

No matter the type of dangerous or defective product that injured a person, it is important for them to understand that there are legal options available to injured consumers. A products liability claim could help those harmed by a defective product collect compensation to cover expenses such as medical bills, rehabilitation, lost wages and other related damages.

Source: FindLaw, “Defective Products and Consumer Rights,” accessed Aug. 15, 2016