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When a consumer is injured by a defective product, the victim can recover for injuries caused by that defect. In this type of personal injury action, it must be shown that the product was defective and that the defect made the product dangerous for its intended use. If there is more than one product out in the market place that could have been in the same 'batch' or grouping of items that have the identical defect, there should be a manufacturing recall, many times this recall can be identified by the bar code. If a recall has not taken place yet, your case can be even stronger.

The seller or/and the manufacturer may be liable, but the sale of the product must be made in the seller's regular course of business. This is referred to as, 'regular course of business'. If you were to purchase the defected product at someone's garage sale the person that sold it to you at the garage sale would not be liable.

Causes of product defects:
Improper labeling, unclear or incorrect  instructions, improper  assembly or manufacturing processes design issues, inadequate safety warnings.