Faqs About Filing A Claim For Defective Products Injuries
When you suffer an injury from a defective product, you have legal remedies available to you to recoup the cost of your medical expenses and other damages that you suffered. Before you can collect the funds that are owed to you though, you have to prove that the manufacturer or retailer of the product is responsible for your injuries. If you were injured by a defective product, here is what you need to know.
Why Is the Manufacturer Responsible?
Part of filing a claim or lawsuit for an injury related to a product is determining exactly why the product caused your injury. In defective product liability claims, the injuries usually result because the product was defectively manufactured or designed. The manufacturer is responsible for insuring that the products are safe before they are made available to the public.
In some instances, the reason for injury is not directly related to the defective product, but the actions of the manufacturer after it was aware that the product had a defect. For instance, if the manufacturer failed to alert consumers that using a product could result in burns even thought it was aware, injured consumers have the right to pursue legal action.
How Can You Prove Your Case?
Defective product liability cases are considered personal injury cases. As such, your claim has to meet the standards of personal injury law.
The first standard is that you have to prove the product was defective. How you prove this depends largely on the type of product. For instance, if your claim was based on a container that was not properly sealed, you can probably use the container as evidence.
However, for cases involving more complex products, such as medicine, you will have to rely on medical experts to help you prove that the product was defective.
In addition to proving the product is defective, you have to prove that you suffered an injury from the product. For instance, if you took a defective prescription drug, you would have to present documented proof of the side effects you suffered. If you did not suffer an injury, your claim could be denied.
Since your claim is based on a defective product, you have to also prove you were using it just as the manufacturer intended. If not, the manufacturer could argue that your failure to follow instructions led to your injuries, and not the product itself.
Consult with a personal injury lawyer to ensure your case meets the requirements for a defective product liability claim. Contact a business, such as Hardee and Hardee LLP, for more information.