If you or a loved one were injured due to a defective product, you could be entitled to compensation for losses and injuries. A product liability lawyer can help determine whether you are owed damages based on your case’s unique details and factors. You and your attorney must prove several elements for a successful product liability case.
In a strict liability defective product case, the plaintiff is not required to demonstrate that the defendant acted negligently; however, they must still establish that:
- The product was defective,
- The defect was dangerous, even when used as intended,
- The defect caused your injuries; and,
- The product was in the same condition as when it left the manufacturer.
The Product Was Defective
In addition to proving that you suffered injuries or losses, you must establish that the product was defective. Your product liability case lawyer will work to determine whether the item in question falls into one of the following categories:
- Manufacturing defect: A manufacturing error caused the hazardous flaw in the product
- Design defect: The design itself is flawed (this will require demonstrating that the product is unreasonably dangerous by design)
- Failure to warn: The dangerous quality of the product is not clear, also called “failure to warn of a hazard”
A design flaw is one of the more complex elements to prove in a product liability case. Whatever the unique factors in your case, a skilled personal injury attorney can help you understand your rights and fight for fair compensation. Product liability protects consumers from unreasonable risk and harm by negligent manufacturers.
The Defect Made the Product Dangerous and You Used it as Intended
Understandably, you’ll have to prove you used the product as intended. For example, if you use a product in a way that was never designed, the manufacturer will deny liability for any losses or damages.
Specifically, you will need to prove that you used the product in a way that the manufacturer would “reasonably expect” a customer to use it. But that doesn’t mean you have to be entirely literal. For example, you could use “hedge trimmers” to trim flowers instead, but if a piece snapped off and split your lip entirely in half, you’d probably still have a case.
You Suffered Losses Or Were Injured Due to the Defect
Proving you suffered injuries or losses is critical in a product liability case. A near-disaster or hair-raising accident isn’t good enough. For example, it might seem like your microwave catching fire is an example of product liability. But if you put out the fire without injuries or losses, you don’t have a product liability case.
A product liability case is similar to other personal injury cases in that it can involve both economic and non-economic losses. Economic losses include medical expenses, property damage, and loss of wages. Non-economic damages include pain and suffering. A skilled property liability attorney can help you understand what damages, or sum of money, you could have coming your way.
You must prove that the product’s defect directly led to your injury or losses. This is not the same as simply showing you were injured while using the product. Your attorney will help you take this a step further to show that the product’s defect led to your injuries.
Linking a product defect to an injury isn’t always as straightforward as it seems. That’s why a product liability lawyer is essential to a successful outcome in your product liability case. As with any other personal injury case, your attorney will collect all the necessary evidence, documentation, and proof to support your claim convincingly.
The Product Was Not Changed or Altered After Leaving the Manufacturer
Lastly, to build a strong product liability case you must demonstrate that the product was not altered or changed after it left the manufacturer and before it reached you. This element is critical because if the product was modified, the manufacturer could argue that the changes, rather than the original defect, caused the injury or damages. For example, if a third party altered the product’s design or added components that were not part of the original manufacturing process, it could potentially void the manufacturer’s liability.
Establishing this element often involves gathering receipts, user manuals, and maintenance records to show that the product was in its original state when the incident occurred. A seasoned product liability lawyer can help you compile this evidence effectively, ensuring that all modifications, or lack thereof, are documented comprehensively. By proving that the product remained unchanged from its state at the point of sale, you further strengthen your case for compensation and demonstrate that the defect originated with the manufacturer.
Common Defective Product Injuries
At Thompson Law, we know that each defective product injury case is unique. In fact, a person can experience just about any injury imaginable by using a defective product.
Here are a few possible defective product injuries:
- Burns
- Broken bones
- Organ damage
- Head injuries
- Choking
- Injuries from dangerous drugs
- Death
A Product Liability Case Attorney Can Help
Product liability can be highly complex and challenging to prove. But a product liability attorney has years of experience learning the nuances of these cases and the strategies of manufacturers. With a skilled lawyer, you can build a successful case that clarifies the facts and elements of the incident.
Call Thompson Law today to speak to an attorney about your case. After an accident, you shouldn’t have to face the negligent party or their insurer alone. We’ll handle the complex legal aspects of your case so you can focus on getting the care and treatment you need.
Product Liability Lawyer FAQ
What is a product liability lawyer?
A product liability lawyer specializes in helping individuals who have been injured or suffered losses due to defective products. These attorneys possess in-depth knowledge of the laws and regulations pertaining to product liability, enabling them to navigate the often complex legal landscape. They are skilled in gathering and presenting evidence that demonstrates the defectiveness of a product and its direct link to a client’s injuries or losses.
A product liability lawyer will also negotiate with manufacturers, insurers, and other parties involved to secure fair compensation for their clients. These legal professionals provide essential support and advocacy, ensuring that victims of defective products receive the justice and restitution they deserve.
What is pain and suffering?
Pain and suffering is a term that includes both physical and mental pain and suffering after an accident. You can experience bodily injuries and emotional distress in any kind of accident. A personal injury claim can include damages for pain and suffering; your lawyer can help determine the value.
How can a personal injury attorney help with a product liability case?
A personal injury attorney can provide invaluable assistance in a product liability case by leveraging their extensive knowledge of both legal procedures and product liability laws. Firstly, they will conduct a thorough investigation of the defective product, gathering critical evidence such as purchase receipts, maintenance records, expert testimonials, and medical reports to build a strong case. They will also identify and document how the product defect directly caused your injuries or losses.
Moreover, a personal injury attorney will handle all communications and negotiations with the manufacturer, their legal team, and insurance companies, striving to secure fair compensation on your behalf. They are adept at countering common defenses employed by manufacturers, such as claims of improper use, and can anticipate legal strategies to mitigate them effectively. By representing you skillfully in court or settlement discussions, a personal injury attorney ensures that your rights are protected, and that you receive the compensation you are entitled to for medical expenses, lost wages, and pain and suffering.
What is the average settlement amount for product liability?
Determining the average settlement amount for product liability cases can be complex due to the varying nature of each case. Several factors influence the final settlement, including the severity of the injury, the degree of negligence by the manufacturer, lost wages, medical expenses, and the duration of suffering. On average, product liability settlements can range from a few thousand dollars for minor injuries to multi-million dollar payouts for severe and life-altering injuries.
Additionally, cases involving punitive damages, where the defendant’s conduct is found to be particularly egregious, can result in significantly higher settlements. An experienced product liability lawyer can provide a more accurate estimate based on the specifics of your case, helping to ensure you receive fair compensation for your injuries and losses.
