Making a Product Liability Claim
Every consumer has the right to assume that a product they purchase, whether online or in-store, will be safe, so long as it is used within reason. When something goes wrong and a product harms a consumer, a product liability claim should be filed to pursue compensation. After all, the product manufacturer that approves or sells a defective or dangerous product has failed its duty to protect the average consumer.
The particulars of a product liability case may have slight alterations when you cross state lines, but for the most part, four things must be true for your case to be valid:
- Injury or damages: The first thing you need to show is that you were actually injured or suffered some sort of damages that cost you money, such as home repairs if a fire broke out. No matter how defective a product may be, you will not look favorably in court if you lost nothing because of it.
- Defect by design or manufacturing: You will have to show that the product that caused your damages was defective in some way. Many products are defective by design, such as a microwave that uses a glass door that cracks from the heat of the microwave itself. Others may be defective by manufacturing error that deviated from the intended construction of the product. Good evidence to show the product’s defect includes photographs of it before and after the accident, and any recent cases filed by others for the same issue.
- Causation: Now that you have shown that you were indeed injured and the product was defective, you have to establish that the defect is what caused your injury. Using evidence gathered for both previous requirements in conjunction should help you prove causation or correlation.
- Normal use: Lastly, you must prove that you were not abusing the product at the time your injury or damages occurred. Try to make a copy of the product’s instruction manual, if one exists at all. If you were following instructions or making an honest effort to follow instructions, you should not be liable for resulting damages.
How Do I File a Product Liability Claim?
Once you are ready to file a claim, the next step is figuring out who should receive it. In many cases, this is actually the most complicated part of the process. Is the product manufacturer to blame? Perhaps a supplier that gave that manufacturer poor materials? Did the retail store that sold you the product fail to warn you of potential dangers?
In order to get your claim filed against the correct party, you should seek out the assistance of our Lexington personal injury lawyers from Goeing, Goeing & McQuinn PLLC. We have won millions in recoveries for our clients through successful settlements and verdicts. Be sure to contact us at your first opportunity to talk to a product liability attorney about your case.