a source for free legal advice and information on law

What To Do About A Defective Product

Having a product in your home that is going to perform up to your needs is a great thing. However, there may come a time when you get a defective product and you are not going to be able to return it to the manufacture.

Such was the case with Katherine.

Katherine from Alaska asks this legal question:

I recently bought a DVD player for my apartment. It started having problems the minute I plugged it in. The movies skip and smoke has even come out it. I am so annoyed. It’s not like this was cheap. The guy I bought it from told me he doesn’t do refunds. What can I do to resolve this – I need it to work?

Katherine, it seems that you may have a Product Liability Claim.

What you need to be able to do is prove that it is a defective product.

In some cases, you have to be able to cut your losses.

However, if you feel like you want more justice then that, you can file a civil suit against the person who sold it to you and you can open the class action law suit against the manufacturer of the DVD player.

However, it is always best to contact the manufacturer first because it is quite possible that they will settle it out of court.

The best of luck to you Katherine and I hope everything works out for you.

This Could Be The Manufacturer’s Fault

It is quite possible that it is not the guy’s fault that the DVD player is malfunctioning, but it’s rather the fault of the manufacture.

This would involve you to file a class action law suit against them. However, this is going to require you to do a lot of work and it might even cost you more then what you spent on the DVD player.

The best things to do to avoid getting stuck with a defective item is:

  • Having a warranty – When you have a warranty when you buy a product from anyone, you are going to be able to be protected against any malfunctions that can occur in the time of use. You usually have a year from the sale of the product from a store and the person who wishes to sell the product should keep up the warranty to be able to get more interest. It is best not to buy anything without a warranty.
  • Testing the Product First – You can save yourself a lot of trouble by testing the product out first. You want to make sure that the product that you are buying works and can hold up to the different uses that you are going to plan the product to perform. You have that right as a consumer and the seller needs to be able to agree with that. You should never buy a product unless it has been tested first.
  • Not Trusting Anyone – The world is full of people looking to swindle others and you have to be on your guard when you buy something. Buying the product from a store, you are going to have everything you need to be able to send it away to a warranty if anything happens with the product. You have to be able to trust only yourself and research the information that you need.

Having nice things is nice and everything but you need to make sure that your nice things are going to be around for a while.

It’s a Different Story if a Defective Product Caused You an Injury

If you have a defective product that has caused you any injury, that could be Personal Injury claim.

A personal injury attorney can help you determine whether you can file a lawsuit and collect damages for your injury (click here for a free evaluation by an attorney).

 

1 Comment

  1. I bought a refrigerator May 09. Since then it has been serviced 7 times. We have purchased the extended warranty when the original one was expiring. According to the warranty to qualify for lemon law it needs to fail 4 times in a year. Since April the thing has failed twice. My thought is that if your failures happen to fall on the cusps of warranty years you may NEVER qualify for lemon using the 4 times in a year status. I think I should get either a refund or new fridge. What say you guys?

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