When you purchase a product, especially consumer goods, they anticipate they are safe to use. However, there are times when products are defective or are even unsafe, even when they are used in the right way. That is why if a product causes harm to the buyer because it is defective, the company that manufactured or supplied the product should be held responsible. This can include but is not limited to any form of physical injury or suffering, stress, anxiety, or depression that may have arisen from the incident.
With the help of Dolan Dobrinsky Rosenblum Bluestein, here are steps you can take to learn your rights and what to do if you are emotionally harassed by a bad product.
What Is Emotional Distress?
Emotional pain means deliberately getting irritated, annoyed, pained, and scarred from something bad that has occurred. For instance, if a product has led to an injury, it can lead to trauma; maybe one cannot sleep well, cannot concentrate, or simply enjoy life as before.
Legal Rights for Emotional Distress
Where you have an actionable claim and damages, you can claim for loss of dignitary interest in case of emotional distress arising from a defective product. This is in the area of product liability law that seeks to ensure that companies are made to answer for placing the sale of hazardous products.
You can claim if:
- The product physically or mentally injured or otherwise harmed me or someone I know.
- It also needlessly neglected to provide design, making, or selling thoroughness for the product.
- The injury was caused solely due to the malfunction of the product at hand.
Proving Emotional Distress
In summary, to prove that you deserve to win, you must prove that the product was responsible for your emotional suffering. Here’s how:
- Medical Records: Have a doctor or psychiatrist produce evidence that you were stressed, anxious, or had any other form of an emotional problem after the incident.
- Personal Records: Record the harmful impact of this problem or the uncomfortable experiences that have occurred due to this problem in your everyday life. These may include sleepless nights, the inability to use similar products, estrangement, or distrust from family or friends.
- Witnesses: Those who saw you or your friend or family member change their behavior can greatly help.
Types of Emotional Distress Claims
There are two main types:
Direct Claims: These apply if you suffered an injury from the defective product. Example: A faulty toaster shocks you. This causes both pain and fear of using toasters.
Bystander Claims: You saw someone else get hurt by the product. Example: You watched a loved one get burned by a faulty heater, causing you emotional distress.
How to File a Claim
- Keep Evidence:
- Save the product.
- Keep receipts, photos, or anything that shows it was defective.
- Prove the Product Was Unsafe:
- Show that the product had a problem.
- This could be a bad design, a factory mistake, or no warning about dangers.
- Show Emotional Impact:
- Prove that the product caused your stress or anxiety.
- Use medical records, personal notes, or statements from friends and family.
- File a Claim:
- Include emotional distress in your claim for damages.
- To pay for all the medical bills, you can demand monetary help.
- Get a Lawyer:
- A good lawyer can help you collect evidence and file your claim.
- They know how to handle cases like this and can improve your chances of success.
Why a Lawyer Can Help
Physical injuries are still easy to prove, but proving any emotional damage is very tough. A lawyer can:
- Help you collect strong evidence.
- Show how the product caused your emotional suffering.
- Use past cases to support your claim.
Key Points to Remember
- Faulty products can harm you physically and emotionally.
- Emotional distress includes anxiety, sadness, or fear caused by the incident.
- Evidence like medical reports and personal notes is important.
Conclusion
If a faulty product hurts you, you can get help. Save evidence, get a lawyer, and file a claim. You can hold the company accountable and get the compensation you deserve.
References:
- https://www.hurtinva.com/news/who-would-you-sue-for-a-defective-product
- https://law4u.in/top-answer/1987/can-i-sue-for-emotional-distress-caused-by-a-defective-product#:~:text=While%20it%20is%20possible%20to,and%20the%20emtional%20harm%20suffered.
- https://law4u.in/top-answer/1758/can-consumers-seek-damages-for-emotional-distress-caused-by-defective-products
- https://scholarship.kentlaw.iit.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=2578&context=cklawreview
