Consumers Must Protect Their Rights

While every day brings a new story about the Trump administration’s attempts to remake the federal government, one aspect of this process that has not received a lot of media attention involves the safety of the products we buy.

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.