Product liability claims are a form of personal injury lawsuit in which plaintiffs seek financial compensation for physical injury and monetary damages resulting from a defective product. The defendant in such cases is usually the product manufacturer, although other parties can be named in such lawsuits, such as distributors, sellers, etc. The injuries resulting from a defective product can range from minor bruises and cuts to organ damage, temporary or permanent incapacitation, and more, depending on the type and use case of the product. If you were injured by a faulty product, you should consult a product liability lawyer to explore your legal options after the incident. While these lawsuits can inevitably become complicated due to the nature of product liability claims, it is important to remember that you can hold the negligent party responsible for your losses. Keep reading to learn more about product liability claims, how they work, and how you can file one.
Establishing Liability
One of the most important aspects of a product liability claim is establishing the liability of the product manufacturer. Being able to prove that your injuries resulted directly because of these defects upon using the product. These manufacturers have a duty when they are making these products. They understand the rules they need to follow and if they don’t follow them, they are responsible for the damages. Multiple types of defects in products might result in serious physical harm and give rise to product liability claims, including the following:
Design Defects
The product might have a flaw in its design that could result in it becoming dangerous for consumer use. Design defects arise at an early stage during the product manufacturing process. The fault in the product might even date back to its conception. Your lawyer will gather all the relevant information about product design to prove that the product in question had a flawed design. If there was any sort of knowledge that this product might even be somewhat faulty, the manufacturers need to make that known. Your attorney will be able to spot that information and call them out during your case.
Manufacturing Defects
Defects in the manufacturing process might result in the product becoming unsuitable and harmful for use. An unnoticed design defect or a flaw in materials or machinery can result in a potentially dangerous product that could cause significant harm if used. The manufacturer is responsible for making sure these defects are taken care of. If they are not, it could lead to these products being sold commercially and inflicting damage on others. Keeping track of these details is important when building a liability case.
Marketing Defects
Marketing defects arise from improper marketing of the product whereby the manufacturer fails to include appropriate instructions for usage. A product could also be missing the warning labels necessary for safe use, and result in unfortunate incidents involving physical injuries to consumers. These types of dangers need to be addressed in your claim. The manufacturer needs to keep track of these details. If they are getting sloppy then they are liable for any damages that come from their product.
Physical Evidence
If you got injured by a faulty product, you should immediately seek medical attention for your injuries. Besides recovery, medical assistance is also important to have a record of your injuries resulting from the defective product, which could help establish causality in a future lawsuit. Once you have received medical help, you should document your physical injuries, obtain any eyewitness statements, and preserve the product in its original packaging safely. Having the defective product is essential to establish a link between your physical injury and the product and could prove invaluable in supporting your claim.
Consulting a Lawyer
It is important to consult a lawyer experienced in product liability law to explore your legal options. Your lawyer will guide you through the complex process of filing a product liability claim and consult relevant experts to investigate the defects in the product. With the help of a lawyer, you can significantly improve your chances of obtaining fair financial compensation through a claim. A manufacturer will listen to you if they know that you are represented by a legal professional. Your lawyer will do everything in their power to make sure you receive justice.
Conclusion
If you or your loved one got injured due to a defective product, you should enlist the help of an attorney who specializes in product liability and personal injury law. Your lawyer can help you hold the negligent manufacturer responsible for your injury and obtain compensation for your damages. They will go through all the evidence you acquired to see if you have a strong enough case. After that, they will be able to represent you and make sure you receive compensation.