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If a company sells a defective product to consumers, it invites submission of a personal injury claim, one made by an unhappy customer. Such a claim must specify what sort of defect in the product’s creation and marketing process caused the consumers’ safety to be at risk.
What motivates someone to file a product liability claim?
Discovery of unsatisfactory performance by a marketed item can trigger the filing of such a claim.
In what ways could that item be unsatisfactory?
If could have a break or a malfunction. A problem of that nature usually results from a mistake that has been made during the manufacturing process.
It could contain a dangerous element, perhaps one that was introduced during the design phase. For instance, the designer might call for creation of sharp angle, one that could later function as a knife-like implement.
Personal Injury Lawyer in Sudbury know that the unsatisfactory item might get sold with an absence of instructions. Alternatively, it might come with a poor set of instructions.
The consumers get tricked by the inappropriate marketing that has been used to promote this one particular product.
What are some examples of inappropriate marketing?
• The absence of a warning label on a product that contains a known danger
• The absence of any reference to possible side effects
• The failure to place on the product’s container mention of the suggested age for the person that will use a given medication or a given toy
• Advertising a product by showing how it might get used in a new and unregulated manner.
• Deceptive marketing is just as illegal as inappropriate marketing.
What are some examples of deceptive marketing?
A given product’s label should not look almost exactly like the label on a competing product. See if the label read “chemical free”, as that would qualify as deceptive, since both air and water are chemicals.
Ads that urge young people to try flavored vaping products, could be used as an example of deceptive marketing. Young people are not joining the readiness to embrace technology, simply by taking-up vaping.
Do companies always get fined for using deceptive marketing?
No, a company that sold queen size dresses would not be fined for selling to all sorts of women, not just queens. On the other hand, a cereal would need to have lots of healthful ingredients, if the cereal maker wanted the label to promise delivery of health benefits to those that ate such cereal.
Rules on deceptive marketing can apply to pet food, just as they can to any type of human food. That is why it is important to get the merits evaluated by the lawyers before anyone files a claim.