What is the Danger of a Defective Product?As explained above, the trampolines are defective; the welds on the metal legs can fail causing unsuspecting parties to suddenly fall and suffer injuries. Trampolines are usually a few feet off the ground. When users jump up, they can reach a high elevation – an elevation in which it would be dangerous to fall without the trampoline pad underneath. When the weld on the metal legs of the trampoline suddenly fails, the trampoline is suddenly not held up appropriately. When landing on the trampoline pad after the metal legs fail, users can actually hit the floor and possibly suffer injuries.
Who is Liable for the Harm Caused by Defective Products?Liability caused by defective products usually falls on the companies that negligently make the defective products available for purchase. This means that Super Jumper might be liable for the harm that you or members of your family suffered as a direct result of one of their defective trampolines. All companies that make products available for consumers to purchase have a specific duty of care towards their consumers. They must ensure that they are only releasing products that are completely safe for consumer use. This means that companies have to rigorously test and inspect their products to identify and address hazards that could potentially harm their consumers. When companies fail to identify and address the hazards that could harm their consumers, they are being negligent; therefore, they could face liability for all the harm their consumers suffer.
Do You Have the Right to Sue?Was the harm that you or a member of your family suffered a direct result a defective product? If so, you might have grounds to pursue a claim. To file a product liability or defective product claim, there must be a defect in the product’s labeling, design, or manufacturing. Based on the recall, it is possible to assume that the problem with the weld of the metal legs is representative of a manufacturing defect. If this is the case, victims do have the right to sue. If you would like to learn more about your right to sue, do not hesitate to seek legal assistance with the experts at our law firm as soon as possible. Our experts are ready to provide you with all the information that you need to pursue your claim.
What Should You Do After Being Harmed By A Defective Product?If you were harmed by a defective trampoline (or any other defective product), you should do the following:
- Seek medical attention immediately
- Photograph all visible injuries
- Take photos of the defective product, making sure that the defect is clear
- Contact the company to report the defect and the harm you or your family suffered
- Do not agree to a refund or voucher
- Do not agree to a repair (do not use any repair kits that the company sends you)
- Do not tamper with the defective product in any way
- Keep the defective product as-is (this is the most important piece of evidence)
- Gather all records associated with the harm suffered
- Seek legal assistance
Could You Recover Compensation?You could recover compensation if your product liability claim is successful. How much compensation could you be eligible to receive? What type of compensation could you recover if your claim is successful? It is normal to have these questions; however, only an experienced attorney could provide you with exact information on the type and amount of compensation that you could be eligible to receive. In general, some of the compensation available for recover includes at least some of the following categories:
- Medical expenses
- Lost wages
- Pain and suffering
- Loss of consortium
- Punitive damages