Some consumer products have to do a job that makes it very difficult for manufacturers to design them in a way that they are fully safe. These products are known as unavoidably unsafe, which means that there’s a chance that injury can occur but there isn’t a feasible way to reduce that possibility without impacting the ability of the product to work as intended.
When a person is injured by a product that’s unavoidably unsafe, they might still be able to seek compensation for the damages they face. This is possible if the product was defective. There are three primary defects that can lead to this claim:
- Design defect
- Marketing defect
- Manufacturing defect
Those three types of defects make it possible to seek compensation even if the product was unavoidably unsafe. You’ll have to show which one was present if you opt to pursue a claim.
One thing that’s important to remember in these cases is that you have to ensure that you were using the product in the intended manner. For example, you likely can’t use a hedge trimmer to try to cut a concrete block and then claim that there was a defect with the trimmer if you suffer an injury because you weren’t using it as intended.
Working closely with your attorney can help you to determine what’s possible for your case. Once you know what options you have, you can decide how to proceed. If you do opt to pursue a claim for compensation, be sure you evaluate all the possible damages to ensure you include all the applicable ones in your claim.