Faulty Item Or Use Negligence?
Product liability can be a tricky subject. If a product is defective, you will be entitled to compensation if you are injured as a result of that product’s defect. However, just claiming a product is defective might not be enough.
In October last year, a lawsuit against KBC America over a defective sports helmet was denied. A California boy suffered irreversible brain damage while wearing the helmet during a motocross practice. His bike flipped up on top of him causing the helmet to crack. His parents claimed that a defective helmet was the cause of the injury, but attorneys for the defense found that it was not a faulty helmet that caused it rather the boy’s negligence. The jury agreed.
The boy’s parents were suing for $18 million in damages to take care of their son for the rest of his life. They felt that KBC America did not give proper warning about the plastic helmet’s shortfalls. Their attorney argued that the company could have used a stronger material and the helmet would not have cracked as easily.
Unfortunately, just hoping a product was made better does not mean the one you bought was defective. Just having an injury while using a product does not necessarily mean the product is defective either. When buying items, be sure of what you are buying before you make the purchase. Of course, very well made and well designed products can malfunction, too. In those cases, they really may be defective. If you buy something that doesn’t work the way it is supposed to, contact the company or the store where you bought it. It is better to find out a product is faulty before someone gets hurt. The manufacturer can offer you a replacement or way to repair your item. Do not use it until you know it is safe.