Consumers have a reasonable expectation that the products they buy will be safe and effective. There are many regulations in place to protect people who are consumers.
These safety regulations are intended to keep dangerous and ineffective products off the market. When a product is defective, those who were harmed by using it can pursue compensation.
This is especially true if the defective product came to market because of someone’s negligence. Product liability claims are a way to seek financial recovery for this type of harm.
If you have lost hair after using a defective product, do not hesitate. You may be owed significant financial recovery.
Rather than typing “what to do if my hair falls out from a defective product” into a search engine, reach out directly to the law firm of Morgan & Morgan.
The accomplished legal team at Morgan & Morgan has plenty of experience with defective product liability cases. Our compassionate attorneys will protect your best interests and fight for maximum compensation for you.
To speak with a skilled product liability attorney, reach out to America’s premier personal injury firm. Fill out the contact form on our website to arrange a no-cost consultation.
Harms Leading to Defective Product Lawsuits
There are many consumer protection statutes in place nationwide. When a consumer has been harmed by a defective product, they have the legal right to pursue recovery.
Many different parties can be held liable for the manufacturing and sale of defective products. Many types of products can cause harm to consumers.
Defective products can include everything from dangerous food items to flawed medical devices. Various types of injuries can give rise to defective product liability suits.
Some examples include:
- Illnesses that result from the use of a product
- Harmful side effects from medications or prescription drugs
- Health issues and injuries caused by faulty medical equipment
- Cancer diagnoses resulting from exposure to asbestos
- And more
Any type of harm that is the direct result of a defective product can form the basis of a lawsuit. Hair loss is a prime example.
Many hair loss victims have wondered, “How do I know what to do if my hair falls out from a defective product?” In many cases, victims are owed financial compensation for the damages that they have suffered.
Proving Liability in a Defective Product Claim
If you have experienced hair loss because of a dangerous product or prescription medication, it is vital to speak with a skilled personal injury attorney. There are certain requirements for proving liability in defective product cases.
At Morgan & Morgan, our accomplished lawyers have a thorough understanding of all of the nuances of product liability statutes. We will examine the facts of your case to fight for full financial recovery on your behalf.
The particulars of product liability laws vary from state to state. Typically, you will need to prove the four following elements of your claim to win the case:
- You sustained harm–in this case, hair loss
- The product in question is defective
- The product’s defect caused your harm or injury
- You used the product as the manufacturer intended
Below, we will examine the first two of these elements in greater detail.
You Sustained Harm
To secure compensation in a defective product claim, you will need to show that you sustained actual harm. It is not enough to show that you could have suffered harm.
In legal terms, the harms that victims suffer are known as “damages.” Through a product liability claim, you can seek monetary compensation for these damages.
You may have searched everywhere for tips on “what to do if my hair falls out from a defective product.” Filing a lawsuit is one option. Hair loss is a clear example of actual harm from a defective product.
The Product in Question Is Defective
You will also need to provide evidence that the injurious product is defective. Even if a product caused you harm, it may be the result of improper use.
In this case, you will need to show that the product that caused your hair loss contains a real defect.
It can be difficult to prove that a certain product is defective. That is why it is vital to contact a qualified legal professional.
You may claim that the product is defective because of a manufacturing error. If the manufacturing error caused a noticeable physical change to the product, it may be easy to prove the defect.
Another option is to claim that the product contains a design defect. Even if the product was made to its intended specifications, it may be unreasonably hazardous.
Consider the following questions with this type of defect claim:
- Was this product’s design unreasonably hazardous?
- Could the manufacturer have foreseen the potential harm?
- Was a safer design possible while maintaining the same function?
A final option is to claim that the manufacturers, distributors, or marketers failed to warn consumers of a hazard of use. If ordinary consumers cannot reasonably know that a product could cause hair loss, this may qualify as a defect.
This type of claim will depend on the content of warning labels and instructions that accompany the product. For instance, if warning labels clearly describe the possibility of hair loss, a defective product claim may be impossible.
How Do I Know What to Do if My Hair Falls Out From a Defective Product?
When you have experienced hair loss because of a defective product, consult with a knowledgeable attorney as soon as possible. Searching online for “what to do if my hair falls out from a defective product” will hopefully lead you to contact a skilled personal injury law firm.
There are several different types of product liability claims. Depending on the circumstances of your case, one of these types of claims may be more applicable than others.
This type of defect claim relies on proving that the design or manufacture of the product led to the victim’s injuries.
Negligence claims involve the following four elements:
- Proving there was a duty to sell a safe product
- Proving that the manufacturer breached this duty
- Proving that the claimant suffered actual harm
- Proving that the product defect caused harm to the plaintiff
Not every product liability case relies on proving negligence, however.
Strict Liability Claims
Most product liability cases are pursued using the legal concept of “strict liability.” This type of claim does not require the victim to prove negligence.
To pursue a strict liability claim, the plaintiff only needs to show that a defect exists and resulted in an injury. If the defect caused hair loss, for instance, the manufacturer can be held liable.
This is true even if they took great care in making the product.
Potentially Liable Parties in Product Liability Cases
The liable party in a product liability lawsuit is determined by the unique circumstances of the case. A consumer can pursue financial recovery from more than one responsible party in this type of case.
If multiple persons or entities are responsible for the defective product, the consumer can pursue damages from all of them. A qualified legal professional can examine your case to determine who is liable.
For instance, anyone that was involved in the distribution chain can be held accountable for the products that they bring to market.
Some of the most common parties responsible for product defects include:
The manufacturer of a commercial product can be a single individual or a multinational corporation. Anyone involved in the design, physical manufacturing, or marketing of a product bears responsibility.
If you have experienced hair loss from using a product, those involved in manufacturing may owe you compensation.
When a store or business advertises a product, the implication is that the item is safe for use. Even though the retailer did not make the product, they may be liable for the damages that their products cause.
This person or business functions between the manufacturer and the retailer. Because they are part of the chain of distribution, wholesalers can be held liable for the harms caused by their products.
These are only a few examples of potentially liable parties in defective product lawsuits. At Morgan & Morgan, we will thoroughly examine your situation to determine liability in your hair loss case.