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Can I Sue for a Defective Product?

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Can I Sue for a Defective Product?

Can I Sue for a Defective Product?

We buy products almost every day, especially on special occasions like birthdays or holidays. The scary thing is that some products like toys or tools can be dangerous enough to cause injuries. These are called defective products and they make up products that place customers at an unforeseen risk. Common examples are exploding phone batteries and bicycles with fragile brake systems. Talk to a Delaware personal injury lawyer if you suffered personal injuries from a defective product to see what your legal options are. 


Defective products are defined as products that have caused harm to a consumer because of a significant defect in the product itself. After enough lawsuits are filed, many product manufacturers will pull the product from shelves to either correct the flaw or discontinue the product completely. In any case, knowing about the different types of product defects can help you Can I Sue for a Defective Product?figure out if you should file a lawsuit. 

The three main types of product defects under product liability law involve design, manufacturing, and marketing. Design defects are existent in the product itself, which means the defect is not just in the product you purchased, but all of the other ones still on store shelves. This is the type of lawsuit that can eventually lead manufacturers to retract their products.

Manufacturing defects happen during the factory production of the product. This means the defect is likely only existent in the product you purchased. Mistakes during factory production can happen, but this does not excuse the manufacturer from compensating you for the injuries you suffered as a result.

A marketing defect either fails to warn the consumer with labels or fails to provide adequate instructions for the safe use of the product. These can happen with power tools, recreational vehicles or medications. 


When it comes to product liability law, you can sue the product seller, manufacturer, or wholesaler depending on the circumstances. You may also be able to sue for personal injuries depending on what happened. Talking to a lawyer can help you figure out your options based on the incident. 

The most important thing for you to do is to keep all the evidence you can or dig up evidence if necessary like receipts or product instructions. Keep the product too. A damaged or flawed product serves as concrete evidence that the product you bought is defective. Also write down the name of the product, manufacturer, and serial number. 

Be sure to take pictures of your injuries and seek medical attention. Medical records and doctor’s notes about your injuries can help your case. 


Piecing together a strong lawsuit for product liability or personal injury claim can be a complex process depending on what evidence you have access to and what product manufacturer you are going up against. Consider hiring a Delaware personal injury attorney if you have questions about the process. You can call Edelstein Martin & Nelson at (302) 295-5050 for a free consultation today. 

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