Defective or dangerous products can cause severe injury. If you or someone you love has been injured by one of these products, you may have a strong product liability case. Use this guide to understand your rights.
What is Product Liability?
In the U.S., any manufacturer, producer, distributor, supplier, or retailer is legally held responsible if they have been involved in either manufacturing or selling a defective product that then injures a member of the public.
What Sort of Evidence Do I Need?
First of all, you must be able to demonstrate that the product is defective. However, by itself, this is not enough. You must also have proof that you were injured as a direct result of this product’s defectiveness.
Four Categories of Claims
There are four basic categories of product liability claims:
Defective design – In these types of claims, the victim argues that an inherent flaw in the product’s design caused their injury.
Defective manufacturing – This type of claim is similar, but hinges specifically on the product’s defective manufacture.
Lack of instructions for product usage – These claims may not involve a defective product. Instead, the victim argues that they were not given proper instruction on how to safely use the product, and injured themselves as a result.
Marketing defects – These claims arise when the manufacturer fails to give the customer adequate warning about ways in which the product could harm them.
How to Protect Your Claim
If you have been injured by a dangerous or defective product, you need to take steps to protect your rights and get the justice you deserve:
- Get the medical care you need.
- Save all medical records and receipts.
- If you have filed a claim with your insurance company, save all records and correspondence with them.
- Seek help from an experienced product liability attorney.