What are your rights as a consumer?

As a consumer, you have the right to expect that your appliances meet reasonable safety standards. When pursuing compensation for a defective product, you do not necessarily have to prove that a company intended to cause harm. Instead, you must show that the defect caused your injury while you were using the product in a reasonably foreseeable way.

Although large manufacturers and retailers might have extensive resources, the law also protects consumers like you.

Who is liable for a faulty appliance?

Several parties may bear responsibility for your injuries. Depending on the circumstances of the appliance’s defect, liability may extend to:

• The manufacturer that designed or produced the appliance
• A component manufacturer that supplied a defective part
• The distributor that delivered the product to retailers
• The retailer that sold the appliance to you

With legal guidance, you can assess the evidence and determine whether you have a valid product liability claim against a specific party.

What evidence can support a product liability claim?

The steps you take after an injury can help determine the outcome of your product liability claim. The most important step is to seek immediate medical care. Besides safeguarding your health, medical records can serve as key evidence in your claim.

Moreover, preserve the defective appliance in its current condition. The product itself may provide critical proof of the defect. Ensure you also have sufficient documentation of the incident. Photograph the appliance, your injuries and any property damage.

What damages can you recover in a product liability claim?

If a defective appliance caused your injury, you may recover compensation for both financial losses and personal harm. Compensation may include:

•  Medical expenses
• Lost wages
• Property damage
• Physical pain
• Emotional distress
• Loss of enjoyment of daily activities

In cases involving reckless conduct, courts may also award punitive damages. A thorough legal evaluation can help determine the full compensation you may be entitled to.

People generally expect products designed for infants and toddlers to be safe for regular use. Unfortunately, design issues and manufacturing defects can render products intended for children quite dangerous. Although recalls are common when a baby product proves unsafe, recalls do not necessarily protect infants from injury or worse.

Many baby items are gifts

Some products sold in the United States or on e-commerce platforms flagrantly violate safety standards for infant products. Other times, manufacturing defects make products likely to have pieces break off, which can lead to choking hazards for infants and toddlers. Parents may not be aware of the risk, as they don’t always purchase the baby products they use.

Recalls generally involved manufacturers notifying consumers about unsafe products and making arrangements for the return, repair or replacement of those products. That may be more difficult when a product is for a baby than in other situations.

After all, many baby items are baby shower gifts. Others are hand-me-downs received from friends, neighbors and family members.

The parents may not have the option of registering the item, as someone else may have done so. Even if they receive a gift brand-new, they may not submit registration information to the manufacturer. As such, they may not receive timely notice about the recall before the product fails.

People affected negatively by dangerously defective baby products may have grounds for a product defect lawsuit. Holding manufacturers accountable for the impact of unsafe products can help families pay for medical expenses and offset other losses.

Recently, the Supreme Court allowed the administration to fire several members of the Consumer Product Safety Commission, the agency responsible for federal product recalls and other programs that are meant to protect the public from defective and dangerous consumer goods. The move comes on the heels of steep cuts to the agency’s budget.

This may or may not lead to more unsafe products hitting the market, but it certainly seems to indicate that, over the next few years, the federal government will play a smaller role in protecting consumers from defective goods.

This means it’s becoming increasingly important for consumers to be aware of their rights in product liability law.

Product liability

The term “product liability” refers to a legal theory that allows consumers to hold manufacturers and others legally responsible after they have been injured by defective products. State and federal laws — as well as court precedent — provide multiple ways for injured consumers to pursue justice.

Importantly, product liability law recognizes that products can be defective in design, in manufacturing or in marketing. This means a a product could be defective as designed, a manufacturer could introduce a defect during the manufacturing process or another party could sell a product without adequate warnings in a way that leads to an unsafe situation for the consumer. What’s more, product liability can apply to many parties along the so-called stream of commerce, including the designer, the manufacturer, the distributor or the retail seller. This increases the injured party’s chances of recovering compensation for their damages.

Difficult cases require experienced help

While the laws are set up to protect consumers, this does not mean it’s easy for consumers to secure justice in product liability cases. A product liability lawsuit can mean a lone consumer or a group of consumers going to court against some of the biggest, richest and most powerful corporations in the world. These defendants have ample resources to use when defending their businesses against product liability lawsuits. They can afford to stall and drag out legal actions, hoping the plaintiffs will give up, or settle for less than their claims are worth.

That’s one reason it’s crucial for injured consumers to seek out experienced professional help when pursuing justice in a case involving a defective product. And, in today’s regulatory environment, it may be more important than ever for consumers to stand up for themselves.

Auto defects in new vehicles are, fortunately, not that common. Nevertheless, they do happen. In a recent example, an American car company issued recalls after several vehicles lost power and tightened seatbelts for no apparent reason. 

There were no reported accidents in this particular recall. Unfortunately, this is not the case for everyone. 

If you get into a car accident because of an auto defect, you may be able to hold the manufacturer accountable. Here is some crucial information that can help. 

When is there product liability in car accidents? 

In car accidents, product liability refers to an auto company’s legal responsibility for injuries or deaths their products cause. Typically, this liability applies when a vehicle or some of its parts are defective. 

There are three main types of product defects: 

• Design defect: This type of defect makes a product inherently dangerous before it is even manufactured. For example, if a car’s airbag system is designed in a way that it regularly fails to deploy, that is considered a design defect. 

• Manufacturing defect: A manufacturing defect occurs during the assembly process, often because of a deviation from the vehicle’s intended design. This type of defect typically affects a limited number of products rather than the entire product line. 

• Marketing defect: Lastly, a marketing defect refers to an error in the product’s marketing. This can be the lack of proper safety warnings or unclear instructions on how to operate the vehicle safely. 

Not all vehicle defects cause accidents, but some do. Examples of product defects that can increase the risk of car crashes include: 

• Faulty brake lines or hoses 

• Tire blowouts due to manufacturing flaws 

• Power steering failure 

• Faulty wiring that lead to electrical fires 

• Airbags that fail to deploy in a crash 

It is not always clear whether a vehicle defect is the main cause of an accident. If you believe a defect may have contributed to your crash, consider speaking to an attorney who can help investigate your case. 

Can you recover compensation? 

Your vehicle’s manufacturer may be liable for your injuries if you can provide sufficient evidence of a product defect. If another driver played a role in your accident, it is possible to recover compensation from them, as well. 

On the other hand, filing a product liability claim against the manufacturer can help limit your liability if you were the main cause of the crash. In any case, it is important to explore your legal options before taking action. 

Recall details

The recall affects Temp-tations Oven Gloves sold between August 2018 and August 2024. These gloves, sold in many colors and designs, failed to give enough heat protection, causing a risk of burns. QVC immediately asks users to stop using the gloves and contact them for a refund.

Legal implications

Knowing your legal rights can help you handle this recall well. Different states have specific laws that protect your rights.

• Maryland: The Maryland Consumer Protection Act allows consumers to seek help for faulty products. This law lets you claim damages if a product hurts you due to a flaw.
• Washington D.C.: The District of Columbia’s consumer protection laws offer similar help. You can file a complaint with the Office of the Attorney General if a faulty product harms you.
• Virginia: Virginia’s Consumer Protection Act also helps consumers affected by faulty products. You can seek payment for injuries and report the issue to the Virginia Department of Agriculture and Consumer Services.

These laws ensure you have ways to seek payment and hold manufacturers accountable.

Steps to take

If you own the recalled Temp-tations Oven Gloves, follow these steps to protect yourself:

• Stop using the gloves: Stop use immediately to prevent any burn risk.
• Contact QVC for a refund: Contact QVC through their recall hotline or website to request a refund.
• Report any injuries: If you have burns, record your injuries and get medical help. Report the event to the CPSC and your local consumer protection agency.

Taking these steps ensures your safety and helps you handle the recall process well.

Product liability claims

If you got burns from using the recalled Temp-tations Oven Gloves, you might have grounds for a product liability claim. Talking to a lawyer can help you know your rights and seek payment for your injuries. They can guide you through the process, ensuring you take the steps needed to hold the manufacturer accountable and get the compensation you deserve.

The products that might not be made like they used to can be anything from toys to automobiles. So, what happens if someone is injured by a defective product?

In essence, product liability law states that a designer, manufacturer or distributor for a defective product – or all of them – may be held legally liable if the defective product injures a consumer. These types of claims oftentimes hinge on one factor in particular: whether or not the product in question was defective when it was purchased by the consumer or came into the consumer’s possession.

Failure to warn

When you think about it, product liability law is one of the reasons we see warning labels on products or product packaging so often these days. This is true even for products that have obvious dangers, like a lawn mower with sharp blades or small toys that might be a choking hazard for young children.
One type of defect recognized by product liability law is defective marketing. This can include marketing a product to consumers who should not be using it or failing to warn them of its inherent risks.

While failure to warn can be a part of products liability cases, the defective nature of a product is oftentimes what leads to harm for consumers. If you believe you have been injured by a defective product, be sure to have your potential claim evaluated carefully.

Legal claims based on defective products are referred to as product liability claims and are based on the legal concept of negligence.

What does product liability mean?

Product liability means the liability of parties who are responsible for designing, manufacturing or distributing a defective product.

Some common types of product liability claims include:

• Design defect
• Manufacturing defect
• Warning defect

A design defect means the product is inherently dangerous due to the way it was designed. Product liability claims involving motor vehicles often involve design defects. Proving a design defect generally involves showing the product was in an unreasonably dangerous condition.

A manufacturing defect means that although the product was designed properly, something happened during the manufacturing process to make the product unsafe.

Manufacturing defects can be challenging to prove. You must show that the manufacturer was negligent and that this negligence caused your damage.

Warning defects mean that the product was inherently dangerous and the manufacturer had a legal duty to warn you of the danger but did not do so.

Product liability claims based on warning defects are often seen with prescription medications when a pharmaceutical company fails to include potential side effects or adverse reactions on the warning label of a medication.

However, warning defects can happen with any type of product and do not need to involve a lack of warning. The warning label could be placed in a poor location or in too small print.

Proving your damages

You must prove the amount of your damages no matter what type of defect you allege in your product liability claim. For example, if you allege you suffered $10,000 in damages, you must prove that figure.

Damages can be proved through evidence such as medical receipts, paystubs showing lost wages or documentation of other expenses.

Why do battery fires occur?

EVs are powered by lithium-ion batteries. These batteries are used because of their high energy density and long lifespan that does not require maintenance. Though, they can overheat, catch fire and explode due to external factors (puncture, etc.) or internal defects (manufacturing errors, etc.).

Product liability laws

If the EV fire was as a result of the EV or battery itself, then you likely have a product liability lawsuit. The product liability laws in our area of the country are similar in many respects, but also have some differences.

Statute of limitations

The first is the statute of limitations. This is the time limit you have to file your lawsuit. Once it expires, unless there is some exemption, you can no longer file against your EV and battery manufacturer. In Maryland and Virginia, the limit is generally 3 years from the date of the fire, but in Washington, DC, it is generally 2 years.

In addition, the discovery rule could start the statute of limitations on the date when you should have known or discovered the defect. For EV fire cases, unless there was a recall, this would likely not apply.

Statute of repose

This is another time limit, but instead of starting when the fire began, it starts from the initial EV sale. In Maryland and Virginia, there is no EV statute of repose, but in DC, it is 10 years from the EV purchase date for personal injury claims and 12 years for property damage claims.

Contributory negligence

In Maryland, Washington, DC, and Virginia, contributory negligence applies, which means that if you were at least partly at fault for the EV/battery malfunction, you could be barred from damages. This could apply if, for example, you overcharged the battery or physically damaged it in some way.

State of the art

This refers to the defense that could absolve the EV and/or battery manufacturer from liability, but they must be able to prove that the EV/battery contained the best available technology when manufactured. This defense is not allowed in Maryland or DC, but it can be used in Virginia.

Product liability and EV fires are complex, and the laws are constantly evolving, but you do have options if your EV does spontaneously combust.