How to File a Lawsuit Over a Defective Product

A defective product is one whose performance falls short of meeting reasonable expectations held by the buyer. If you have purchased a defective product, you may be able to file a lawsuit against the product's manufacturer.

Difficulty: Moderate

Instructions

1. Understand the three types of product defects: an aspect of its basic design compromises the product's safe use; it has a manufacturing defect; or it has a marketing defect, that is, it has been misrepresented in the way it is sold.

2. Determine whether the product you purchased was truly defective.

3. If you feel you have grounds for a case, contact an attorney with experience in product liability law. Find an attorney via the National Association of Consumer Advocates (see Resources below). Product liability laws' differ markedly from those found in ordinary injury law. They favor the rights of the injured party when it comes to recovering damages.

4. Compile evidence. This includes correspondence with the retailer or product manufacturer, proof of purchase, medical bills if you've suffered injury, and, of course, the defective product.

5. Visit the U.S. Product Safety Commission to learn more about product safety standards (see Resources below).

Tips & Warnings

• If you have suffered injury as a result of a defective product, or have reason to believe a product is unsafe, report it to the U.S. Consumer Product Safety Commission (see Resources below).
• Lawsuits of this nature are subject to the "statute of limitations." If the suit isn't filed within a specific period, your right to sue may be forfeited. The filing period varies from state to state, ranging from 1 to 6 years.