Each day, consumers are exposed to different products which they use for a variety of things. But as they use them, they also expect those said products to be safe. But what happens when you suffer injuries due to a defective or dangerous product? With the help of personal injury lawyers, you can file a personal injury claim and get compensation. Proving a defective product was the cause of your injuries requires strong evidence. As a victim, you need to understand the kind of evidence needed to secure you fair compensation.
Types of Defective Product Claims
Defective product cases fall into the three categories mentioned below.
- Defective manufacturing: This is the most common type of product liability claim. In this instance, the product was not manufactured or fabricated properly, which led to the injury. A good example of defective manufacturing is a moped released to the market without brakes.
- Defective design: In this type of claim, a product is well manufactured, but the design is flawed. Proving this type of claim is usually much harder. An example of a defective design is sunglasses not protecting one’s eyes from UV rays.
- Failure to provide adequate warning: In this type of product liability claim, one will need to prove that the manufacturer did not provide enough or proper instructions about the use of a product. An example of this is an energy drink that does not include a warning on its label that there are possible side effects if taken with other beverages like alcohol.
Product liability cases are so common, which is why product liability insurance has become popular over the last few years. So you will not just be going against the product manufacturer but possibly, an insurance company as well. It is best to let an experienced lawyer represent you.
What Type of Injury Can Lead to a Product Liability Claim?
Product liability cases can arise from various types of injuries such as:
- Injuries or health complications from defective medical devices.
- Harmful side effects or serious illnesses from over-the-counter medication
- Illnesses linked to a certain product
- Cancer diagnosis from asbestos exposure
Elements You Need to Show When Proving a Personal Injury Claim
There are certain elements that an attorney will help you prove in a product liability claim. They are as mentioned below.
Product Is Defective
You will need to show that the product is defective. This could be due to defective manufacturing, defective design, or failure to give adequate warning.
The Defective Product Led to Injuries or Damage
You cannot just say that you were injured after using the defective product. You will also need to show that the injuries you suffered were caused by the defect. That means proving an injury occurred even after using the product correctly.
You Used the Product as Instructed
You must show that you followed the instructions as the manufacturer intended. For instance, you cannot claim to have a product liability case if you were using a hair straightener on your kid’s doll and ended up getting injured. That is not the purpose of the hair straightener. But if you used it on hair as instructed by the manufacturer but got injuries, you can pursue a product liability claim.
Product manufacturers sometimes argue that the plaintiff altered the product, and this is what led to the injuries. Usually, liability claims tend to be complicated. To establish a legal fault, you will need testimony from experts. Note that manufacturers want to save money and their reputation. That means doing everything possible to show their products are safe.
If you or a loved one has suffered injuries due to a defective product, hire a lawyer to help you with your case. A competent lawyer will help you collect evidence and interview witnesses to ensure you have a strong case. Besides that, they will fight for you so that you are compensated for the damage.