Have you ever noticed how many warning labels are on things? As a child I always paid special attention to the label of the hair dryer because it said directly to me: “Warn children of the risk of death by electrocution.” These warning labels are placed on products to protect the company from lawsuits by people who are injured by the products, because the label warns consumers of potential risks or dangerous applications of the product. Many of the labels seem ridiculous with warnings like “do not swallow” or “do not place near an open flame”, but if the warnings are missing and you hurt yourself, you could sue the company for marketing a defective product!
The 1994 Safety Regulation on General Product Safety applies to both new and second-hand consumer products. Among the hundreds of products included are clothing, medicines, agricultural and horticultural products, DIY tools, food and beverages, household items, nursery items, chemicals and pesticides, and motor vehicles. These rules require all suppliers of these goods to supply products that are safe when used in both normal and unusual but predictable applications. Taking all the circumstances into account, if a product does not provide a reasonable level of safety, it is considered a defective product.
A product that simply does not work, but also does not harm anyone, does not qualify as defective. You can return said product to the manufacturer or take action under contract law, but without being dangerous, this broken product does not qualify for a defective product lawsuit. Other circumstances, such as warning labels, are also relevant in determining whether a product is defective or not. If there is a label warning you of electrocution, it is reasonable to expect that you will be electrocuted if you misuse the product.
Despite the large number of warning labels out there, there are still a fair number of products that either a) fail to warn consumers of reasonable risks or b) suffer from potentially dangerous manufacturing flaws. Sometimes the company knows that their product is dangerous and defective and sometimes they are unaware of the risks, but either way, defective products put your life at risk. If you or your loved ones have been injured by a product, seek legal advice to determine if the product was defective. Suing a company for a defective product can resolve the pain you are experiencing and protect other consumers from dangerous products.