What Are the Important Elements of A Product Liability Case?
May 2, 2016
Think about all the different products you use every single day. From washing your hair to making your coffee to what you grab out of the freezer for dinner. We go through our daily lives without giving the products we rely on each day much of a thought until an injury or illness happens…
Unfortunately, there are numerous reasons why a product can end up leaving a victim with serious injuries. If the manufacturer or designer is responsible for the injuries sustained, you may have grounds for a personal injury lawsuit under a defective product claim.
Read on to learn more about product liability, and the crucial elements involved in each product liability case.
How is a Product Considered Defective?
There are three primary reasons that a product can be considered defective, which include:
Design
Failure to provide proper warnings
Defective manufacturing
All of these can contribute to serious injuries for individuals who are harmed by the product. Manufacturers and designers can be held responsible for the behavior or lack of action that leads to serious injuries for victims.
What Do I Need to Prove?
Having the right evidence will only help your products liability case. While this might seem obvious, it’s important to remember to keep any materials associated with the product, particularly if you are alleging that the manufacturer failed to place a proper warning on the label.
Additionally, any photos or indications of the injuries you sustained, such as medical records, are good examples of evidence to use in a product liability claim.
In order to succeed with a defective product claim, you must be able to show that:
You suffered losses or were injured as a result of using the product
The product’s defective nature is the cause of your injuries
You were using the product as intended or instructed
Even though these connections might seem obvious to you, you have to assume that those evaluating your claim have no idea about the situation. This is why painting a compelling and comprehensive picture is so important for your claim.
What’s Next? Talk with a Personal Injury Lawyer in St. Louis
One of the major reasons for taking action quickly is because a defective product case can take some time to resolve. Finding an experienced and reputable personal injury lawyer who understands how these cases have and can change your life can be valuable, especially if you are struggling to return to work or pay the medical bills associated with the injury.
Filing a defective product lawsuit not only helps to hold the manufacturer responsible for the injuries you sustained, but it can also send a message that prevents others from suffering a similar fate.
A personal injury lawyer in St. Louis can help you figure out your next steps, especially if you may need to contact the FDA about a recall. A recall can help to show a pattern of dangerous injuries associated with a product.
Your actions might lead not only to a successful claim for damages and injuries but they could also stop the manufacturer from continuing to create or market a dangerous product, thus protecting others.
Finally, a personal injury attorney can help you to figure out what steps you need to take, the evidence you need to collect, and how to move forward with a claim.