What Are Your Rights When A Defective Product Hurts You?
The Consumer Products Safety Commission recently ordered the recall of several models of dehumidifiers because they were fire hazards that had already caused over $2 million in property damage. If you suffered damages from one of these dehumidifiers, you may be eligible for compensation from the manufacturer.
Theories Of Liability
The makers of these dehumidifiers may be liable under one or more of the following theories of liability:
- Negligence: The manufacturer may be liable under a negligence theory of liability if the following factors exist:
- The dehumidifier was defective.
- That defect caused a fire.
- You suffered an actual injury because of the dehumidifier's defect.
- The manufacturer or seller breached its duty to you, the buyer, by making or selling a defective dehumidifier.
- Breach of warranty: A claim under breach of warranty is raised when the manufacturer implies or expressly states that its product is able to perform a certain action, but it subsequently fails to do so. For example, if the dehumidifier instruction manual states that it contains safety features that assure that the product will not catch fire and it does, the safety feature would not have performed as promised and the manufacturer would be liable for breach of warranty.
If your injury was caused by a defective product, contact the skilled products liability attorneys at Harris, Wyatt & Amala. Our Salem, Oregon firm has helped many clients recover damages after being hurt by defective products.