19 Jan Guideline to Filing a Personal Injury Claim for a Defective Product
Overview: Learn how to claim your compensation after being injured from a defective product
One of the most common types of personal injury claims comes from a defective product. This lawsuit involves unsafe packaging, or deliverance of unreliable products that have resulted in the injury of the consumer.
The manufacturer of specific products makes sure that their product is safe for use. If a product consumer is injured due to defective products or isn’t provided with adequate warnings, the manufacturer will be held accountable for the damage or injury experienced by the victim. As an example, 2019 witnessed more defective product injury cases than 2018, and the number of filings continues to grow.
In most cases, the manufacturers are aware of the risks but fail to mention adequate warnings for consumers to take precautions. If you have a concern about a product’s safety and want to prevent potential harm, please consult a lawyer who specializes in defective product cases to be guided on pursuing a product liability claim.
What is a Defective Product Lawsuit?
When a consumer is harmed while using a product – despite following the instructions – they have a right to seek compensation for their losses. This compensation can include medical bills, lost income, or physical suffering. The victim may also seek compensation from the manufacturer, distributor, retailer, or wholesaler who sold the item.
Narrowing down the facts, we conclude that there are three common types of product liability claims:
This is when a distributor or manufacturer of a specific product failed to provide a safe product. If there are any risk factors involved, a literature guide is mandatory. If they fail to exercise reasonable care or defend their action or inaction, which resulted in the consumer’s injury, the manufacturer will be held liable.
Negligence claims fall under the category of product liability laws that include design errors, careless mistakes in manufacturing, or failure to warn the consumers.
Breach of Warranty:
This term essentially means that the party violated their set of guaranty rules. It generally arises when a supplier, retailer, or manufacturer breaches his promise to the consumer that the product is safe.
This is when a victim claims a manufacturing defect, and the product was made unsafe.
In such cases, the lawsuit establishes one of the three claims. It demonstrates that even though the consumer used the product accurately, the defect or failure caused the injury.
As an example, if numerous people file similar product liability claims, the judicial authority may group multi-district litigation to claim class-action issues according to the allegations. This multi-district litigation (or MDL) groups the lawsuits geographically, so their suits should be held and dealt with efficiently.
Do I Need a Product Liability Lawyer?
Companies that manufacture and distribute products are obligated to ensure that the products are safe for use. If you or any of your loved ones have suffered due to the unjust and careless implication of a product, you might be eligible for financial compensation. This is especially true if you’re sure that the injury was a direct result of the product you used or consumed.
Since proving that you suffered due to the post factors of a particular product is a complicated process, you must ensure that there were no pre-factors to complement the injury. For the fair and the best chance of obtaining the due compensation, seek the services of an experienced product liability lawyer.
What can an Experienced Product Liability Lawyer do for me?
An aggressive lawyer provides you with expert legal counsel to educate you on pursuing your claims and the possible consequences during legal proceedings.
A product liability lawyer will work to attain a satisfactory settlement for you, so the trial doesn’t happen or, at the least, is not prolonged. If your case goes to trial, an experienced advocate will work vigilantly and secure a favorable verdict on your account.
Elements of Product Liability Suit
To file a product liability suit, the plaintiff must prove that:
- The product was unreasonably dangerous and unreliable.
- The plaintiff suffered an injury.
- The injury was caused after the consumption of the product.
Proving your Injury:
Seek medical attention immediately after you’ve suffered an injury after using a product you deem as defective. If any of your medical reports shows a pre-existing glimpse of an injury, this could work against you. You’ll be asked to assemble any medical reports and hospital bills to prove to the jury that the injury occurred as a result of the product, and only the product.
Proving the Fault:
The victim must establish that the defendant’s negligence caused his injury to win the claim. Depending on the matter’s sensitivity, the product’s designer, manufacturer, or supplier will be held accountable for the victim’s injuries.
Each state has its own set of laws regarding the cases – whether the accused person or company should be held “strictly liable” for the victim’s damages or if they should be held partially responsible.
The compensation you receive depends on several factors, but you may be eligible to claim compensation for medical bills, inhibited earning, rehabilitation costs, or the loss of wages, pain, and suffering if the defective product injures the victim. In case of the death of a loved one due to the consumption of the defective product, the family of the dead can claim to obtain compensation for funerary costs, loss of future wages, or medical expenses.
The court will award compensation to the affected party, which shall cover the cost of medical bills or property damages that stem from the dangerous product.
Many people don’t realize that filing a personal injury claim from a defective product is possible even in seemingly “minor” situations. For example, if you bought a pressure cooker from a manufacturing company and it didn’t work well despite you following the directions, and it ended up causing damage to your kitchen, skin, or utensils by any means, you can be compensated for it.
And the damage doesn’t stop only at the consumption of a particular product; if you buy a kitchen utensil or piece of machinery that ruins your health, if you rent a car and a steering wheel or brakes results in a car accident causing injuries to the drivers, the buyer has the right to sue the company in any of these situations.
Defective product lawsuits include consumption of a harmful product, usage of an equipment, or exposure to any toxic chemical. So don’t settle for nothing. Be sure to contact a professional for a consultation and determine if you’re eligible to file a lawsuit and receive compensation for your losses.