In the case of injury caused by a faulty product, the victim’s life can change dramatically. Seeking the services of a competent lawyer specializing in product liability, such as the lawyers at Dolan Dobrinsky Rosenblum Bluestein, will play a vital role in ensuring that the responsible parties are held liable and appropriate compensation for the damages incurred is obtained.
Thousands of people visit emergency rooms yearly when they sustain an injury due to a faulty product. These incidents include malfunctioning appliances, improper design of tools and so forth, which clearly demonstrates how strong product liability laws should be.
Every case has its own set of challenges, and to win a product liability suit, one must satisfy specific requirements. Let us explain what you need to prove and how a product liability expert will help win your case.
Typical Elements of a Product Liability Claim
1) Proper Use of the Product
To file a legitimate lawsuit, a claimant must provide evidence that shows it used the product in the intended manner. This entails using the product in a way the seller could have reasonably anticipated; it is unreasonable to operate a charcoal grill inside a hut and light it up. However, if you were using the product in a way that a reasonable consumer might, even if slightly out of the ballpark, there is still a case.
Consider a rose pruning garden tool. So, if you were using the tool while trimming herbs and the blade broke and hurt you, the manufacturer would still be liable. This shows that product misuse does not constitute a complete bar from making a claim, especially where such use is within the realms of possibility.
2) The Product Was Defective
It is crucial to the claim that the person demonstrates that a particular product was not working as expected. There are three general categories of defects in products:
- Manufacturing Defects: these are less difficult to prove, especially with expert assistance; these are generally errors that occur during manufacturing, like a faulty power cord in an electric appliance.
- Design Defects: These claims contend that a given product, such as a blanket for a child, can be dangerous because it is flammable. For this to be proved, it must be shown that the risk incurred in such a design was unreasonable.
- Failure to Warn: Sometimes, a product can cause extreme pain and suffering due to the absence of warnings or safe usage instructions. These flaws are often concerned with the improper use of labelling.
To establish the liability for such defects and expert opinions, especially in product liability cases, robust circumstantial evidence must be provided.
Making Sense of Your Product Liability Claim
Product liability is often entangled in a mix of legal theories, and especially the legal theories vary in their application in cases depending on the facts. Deciding whether to proceed with a breach of warranty, manufacturing defect, or failure to warn is difficult and often requires input from a qualified attorney. Talking to conveying how specific details of the case can help develop an appropriate legal strategy to file a claim with a fair chance of winning the trial.
For example, if an engineer or someone with experience in product defect analysis could show how a part was incorrectly manufactured, this could explain how a part discrepancy may have caused a manufacturing issue. Likewise, showing how a product failed to satisfy certain safety standards or greater risk than normal to the user could eliminate it with an example.
Conclusion
Demonstrating product defects and establishing the breach of legal duty entails a lot of evidence, legal skill and a good grasp of the law. Be it a petition for breach of warranty due to a construction flaw, harmful design or improper warnings, your best chance is working with an experienced attorney.
Do not allow yourself to be incapacitated by a defective good. Seek out the services of an expert in product liability and take the first step to seek justice and proper recompense.
References:
- https://www.superlawyers.com/resources/products-liability/how-to-prove-a-products-liability-claim/
- https://www.nolo.com/legal-encyclopedia/proving-defective-product-liability-claim-29531.html
- https://www.hardywolf.com/news/what-do-you-need-to-prove-to-win-a-product-liability-case/
