Product manufacturers and distributors have a legal responsibility to ensure that their products are safe for consumers to use. However, sometimes products are released onto the market that have design flaws, manufacturing defects, or inadequate warnings or instructions. When a product is defective and causes harm to a consumer, the consumer may have the right to seek compensation for their injuries. If you live in Iowa and have been injured by a defective product, here is what you need to know about your legal rights.
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What Is a Defective Product?
A product is considered defective when it poses an unreasonable danger to consumers due to a defect in design, manufacturing, or labeling. The following are examples of kinds of defects that can make a product susceptible to being labeled “defective”:
Design Defects
When a product’s design is faulty, it poses a risk to consumers before manufacturing even starts. In some cases, the design of the product will be inherently flawed. In other cases, the design does not include specific safeguards that could make the product safe. For example, if a car is designed in such a way that its gas tank is at particular risk of exploding during a collision, that is an example of a design defect.
Manufacturing Defects
Products that are designed well can still be made poorly. If oversight during manufacturing causes the product to become dangerous (e.g., a batch of medication is tainted or a sharp edge is left on a piece of equipment meant to be safe), that is an example of a manufacturing defect.
Failure to Warn
Manufacturers must provide adequate warning of dangers that are inherent to the use of their products. If the product is expected to be used in a way that could pose a danger unless the consumer knows to handle it in a particular way (e.g., not to use a space heater too close to bedding), then that information needs to be included in the packaging or instructions.
When manufacturers and distributors fail to take these measures, they can be held accountable for any injuries or harm caused by the product.
What Should You Do If You Have Been Injured by a Defective Product?
If you have been injured by a defective product, the first thing you should do is take care of your injuries. In the event of a medical emergency, seek emergency medical attention immediately. Even if your injuries do not appear to be life-threatening, it is still essential for you to get checked out by a healthcare professional. Some injuries may not become obvious until later, and it is essential to document your medical treatment as evidence in a potential personal injury lawsuit.
Once you have received medical attention, you will need to:
Preserve the product: Do not throw away the product that caused your injury. You will need to keep the product as evidence in a potential personal injury lawsuit.
Document evidence: Take pictures of the product and the injuries you suffered. Write down the exact circumstances of the accident, such as the date and time of the incident, where it occurred, and what happened. Be sure to document any conversations you may have had with witnesses.
Contact an attorney: An experienced personal injury lawyer can help you determine whether or not you have a viable case and guide you through the legal process.
Statute of Limitations for Defective Product Claims in Iowa
If you have been injured by a defective product in Iowa, it is essential to understand the statute of limitations that applies to your case. The statute of limitations is the amount of time you have to file a lawsuit against the party responsible for your injuries.
In Iowa, the statute of limitations for product liability claims is two years from the date of the injury. However, there are some exceptions to this rule, so it is always best to consult with an attorney early in the process.
Compensation for a Defective Product Injury
If you decide to pursue a defective product claim, you may be eligible to receive compensation for your injuries. The compensation may include:
Medical expenses
Lost wages
Pain and suffering
Emotional distress
Loss of enjoyment of life
Wrongful death damages for family members who have lost a loved one due to a defective product
In some cases, the manufacturer may offer to settle the case out of court. An attorney can help you evaluate any settlement offer to determine if it is fair and just.
Get Legal Help with Your Defective Product Claim
If you have been injured by a defective product in Iowa, do not wait to seek legal help. The longer you wait to file a claim, the more difficult it may be to gather the evidence you need to prove your case. Our knowledgeable personal injury attorneys have the experience and resources needed to help you hold the responsible party accountable for their actions. Contact us today to schedule a free consultation.