Hidden Defect


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There are powerful processes in place, especially in the last 50 years, for consumers to find remedies for products that are defective and cause injuries.  Moreover, while that system works efficiently to protect consumers and hold manufacturers accountable for their products, which may not provide all the protection necessary for all consumers.  In some instances, there are hidden defects in products that neither the manufacturer nor the seller is aware of until the product fails under use.  If those hidden defects result in injury to a consumer, that consumer has the opportunity to consult a product liability lawyer and file a lawsuit for compensation and/or damages.

Hidden Defect Liability

hidden defect liability is in essence the same as any other kind of product liability.  If the product had hidden defects and caused injury, the manufacturer and the sellers may be liable for compensation to the injured party, in the form of medical expenses, lost wages, pain and suffering, and more. Whether or not a manufacturer knew about, or should have known about, hidden defects, they are responsible for the consequences consumers suffer because of that product use. 

Filing a Lawsuit for Hidden Defects

There are a number of requirements before a consumer can have grounds to file a lawsuit for hidden defect liability:

  • The hidden defects within the product were “unreasonably dangerous” and occurred in the manufacture, design, or marketing of that product, whether or not those defects were discovered previously
  • The consumer was injured using the product in the manner intended by the manufacturer
  • The product was not substantially altered by the consumer from the original design by the manufacturer

It can be extremely difficult to prove the specific point at which a manufacturer was liable for hidden defects in a product.  In those cases, the laws of “res ipsa loquitur” apply.  This means that “the things speaks for itself.”  If someone had not been negligent, the defects would not exist and the injury would not have occurred.  If this law is effectively used by the plaintiff and their lawyer, the defendant must then prove that they were not negligent.

Getting Legal Help

Any consumer who buys a product in good faith has a right to expect that product to be without defects and to work according to the intent of the manufacturer and the promises of the marketers.  If that is not the case, every consumer has the right to consult a product liability attorney and discover whether or not they have a case to file a product liability lawsuit for hidden defect liability.

This article is provided for informational purposes only. If you need legal advice or representation,
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