When a consumer purchases a product they assume that is safe for use. Unfortunately that’s not always the case and everyday there are numerous injuries because of defected products.
When someone is hurt due to a product we expect that the consumer will be held responsible however liability laws can be complex. There are variables that are presented with product liabilities.
The reason why it is not so cut and dry when it comes to consumer injury cases is because there of the factors regarding the product. For instance, manufacturing errors is when a product is defected because of an error when it was being made and design defect is when the product is made correctly, but the design isn’t. Design defect is much harder to prove. There’s also a failure to warn law which is when the product isn’t defected due to error when it was made or design but it didn’t provide accurate warnings regarding the product and therefore consumers didn’t think it was dangerous.
If a plaintiff has a chance at winning a product liability case, they have to be able to show that there was negligence on behalf of the manufacturer or merchandiser who sold the product. So be sure to gather information by researching the product.
If you have been hurt by a defective product, be sure to see if a recall for the product was issued. Look to see if the product is listed on the Consumer Product Safety Commission.
Next, contact an attorney that is well informed about product liability laws because they will be best at helping you through the process and determining if you have a case. You will want to discuss with the attorney if you can be compensated for your injury, be paid for lost wages, have your medical costs covered or any other problems you’ve faced because of your injury. If you have visited a doctor (which you should following an injury) explain to your attorney what your doctor has stated regarding your injury. Will you need more time off from work, physical therapy, occupational therapy, surgery etc. Be sure to have copies of what your doctor has labeled your injury as well as any information from a specialist if you had to follow up with one. Keep all records of paperwork.
Last but not least, do not get rid of the defective product. If you are involved in a case you will want to show evidence of the very thing that injured you. You’ll want to have pictures of the product and your injury right after if happened. It’s hard to fight facts! When the defendant sees something that was poorly made and held great potential to be dangerous, there’s a better chance of the plaintiff having the upper hand.
Again, product liability cases aren’t easy but with the help of a lawyer you can see if you have one that is strong enough to pursue. The reasons why laws are put in place are to be followed and failing to do so when it comes to products and other things, it can lead to danger that could’ve been prevented.
