When you buy something, you obviously expect it to behave the way it is supposed to. Defective products are usually quite uncommon, since manufacturers are supposed to, (and do) subject a product to various quality control tests before launching it in the market. The process of manufacture is also rigorously controlled. Essentially this is in the company's interest, since a faulty product could cause a lot of damage to the consumer, and even more to the company in terms of lawsuits, tarnished reputation and penalties from the government. Yet you will come across products that that defective, and that do cause you harm – in which case you can make a claim.
An example of a defective product could be a cosmetic that caused allergies or an electrical appliance that short circuited. The defect itself could create problems – as in the case of the cosmetic; or it could lead to something else that might injure you. For example, a toaster that short circuits could also ruin your plug point or cause the circuit in your house to fuse. Many times, manufacturers will mention on the product label precautions that one needs to take before using the product. For example the cosmetic label might read the ingredients that could cause allergies in some people or the toaster label might mention the specific voltage required for it to work. In such cases, the manufacturer is considered to have taken necessary precaution and will not be deemed responsible. However, where this doesn't happen, you can file for compensation for a personal injury sustained due to their product.
There are a few things you should do to make your claim sound and loop-hole proof.
1. Preserve the bill or the invoice. Ensure that the invoice is stamped 'PAID' by the seller.
2. Make sure that you have read all the instructions before using. If the product had a warning which you ignored or were unaware of, your claim will not be valid
3. Take photographs of the damage and the defective product. Where injuries occurred, get a doctor's report.
4. If others were present when the product malfunctioned, then ask them to provide a written statement of some sort or back your statement when the need arises.
5. Make a complaint with the immediate seller. Usually, they will replace or refund the money and also pay for damages upfront, with a view to keeping things quiet.
6. If nothing happens in a few days, write or speak directly to the manufacturers. Preserve all correspondence. It is best to write and provide them with whatever evidence you have.
7. Speak to an attorney who will be able to negotiate compensation on your behalf. Attempting this yourself could prove detrimental to your benefit.
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