This article offers the reader useful information about case examples that can result in product liability.

There are many instances when product liability can come into play when people suffer injury and claim that a product they were using was defective, which often leads to a court case.

Here are a few examples of cases that can and do arise where product liability comes into play.

Product Malfunction

Machinery and equipment does malfunction and this can lead to serious injury or even death! Take medical devices as an example; despite controlled tests, a device is only discovered to cause the patient harm after a few years of service. In such a case, the devices are recalled and a class action lawsuit would represent the injured parties. Driverless cars frequently get things wrong; the onboard AI might not pick up a dog crossing the road, or worse, could collide with a pedestrian. Car manufacturers have special insurance to cover lawsuits; there are many cases where a model has to be recalled, which is an admission of liability.

Defective Design

If a product is poorly designed, it could lead to a personal injury to a user; a lawn mower with no guard can result in the user being hit by a stone, or worse. An electric kettle might not fully protect the user and they are scalded by boiling water. If you suffer a personal injury and you think the cause is poor product design, consult with a legal expert. Some complex cases may require legal experts with other specialisations. Legal experts, including Thailand solicitors specialising in debt recovery, are well-equipped to handle complex cases such as product liability.

Apart from their crucial role in resolving legal disputes related to unpaid debts, these solicitors can also diligently investigate instances where consumers have suffered harm or damage due to defective products. They employ their extensive knowledge of Thai consumer protection laws and regulations to build strong cases against manufacturers, distributors, or sellers, seeking compensation for their clients. With their in-depth understanding of both debt recovery and product liability, the solicitors ensure that individuals and businesses receive effective legal representation, safeguarding their rights and helping them navigate the complexities of the Thai legal system.

Hidden Defects

If toxic material is found in a beauty product, this is classed as a hidden defect. Any ingredient that causes harm to the consumer needs to be removed and the product recalled.

Lack Of Instructions/Warning

If a product is dangerous, yet there are no warning labels or information in the user’s manual, you could easily be injured. This happens far more than you would like to believe and, in many cases, the plaintiff is awarded compensation in court. It is not unusual for the manufacturer to try to settle out of court if they feel sure they will lose the case.

Pharmaceuticals

Due to the nature of drug-based medicine, there are times when a patient is harmed by a prescribed medication and after closer scrutiny, doctors think the medication caused the condition, which could be severe. There is an entire industry of pharmaceutical lawyers who represent both patients and manufacturers. The majority of claims never make it to the courtroom; the manufacturer would take advice from legal experts like those from Vize Counselor in Koh Samui, and may decide to settle out of court.

Electrical Appliances

Any machine that runs on electricity is a potential hazard; all warnings must be present, either on the appliance or in the user manual. An automatic water heater failed to switch off when the water boiled and this caused the consumer to suffer serious burns; this is clearly an equipment malfunction and for the plaintiff to recover damages, they must conclusively prove that the appliance malfunction caused the injury. The manufacturer might argue that the consumer used the device incorrectly, or did not have due attention when operating the appliance. The lawyers play an important role in a court case such as this. Both sides present their case and the judge(s) has to decide whether or not the manufacturer is liable, and if so, how much to award damages to the plaintiff.

There are many instances when personal injury is due to product malfunction and if you have suffered a personal injury you think was the result of a defective product, contact a law firm that handles product liability and compensation claims.