Table of Contents
Introduction
When you purchase a product, you have a reasonable expectation that it will be safe to use and won’t cause harm. However, sometimes a product can cause injury or illness due to defects in its design or manufacturing. If this happens to you, you may be wondering if you can file a personal injury claim for a product liability issue. In this article, we will explore the topic in more detail.
Product Liability Law
Product liability law is the branch of law that holds manufacturers and sellers responsible for the products they produce and sell. This means that if a product is defective and causes harm to a person, the manufacturer and/or seller can be held liable for any resulting damages. There are three main types of product defects that can lead to liability:
Defects in Design
A design defect is a flaw in the product’s original design that makes it unreasonably dangerous. Even if the product was manufactured perfectly, its design poses a risk to consumers.
Defects in Manufacturing
A manufacturing defect occurs during the manufacturing process when something goes wrong, leading to a product not being made correctly. This defect may not have been part of the original design and may not have been discovered until the product was in use.
Defects in Marketing
A marketing defect occurs when a product is not labeled correctly, or the company fails to warn consumers about potentially dangerous aspects of the product. The product may be safe when used correctly, but there are hidden dangers that consumers are not aware of.
Filing a Personal Injury Claim
If you have suffered an injury or illness due to a defective product, you may be able to file a personal injury claim against the manufacturer or seller. To do this, you will need to show that:
- The product was defective.
- The defect caused your injury or illness.
- You were using the product as intended at the time of your injury.
Steps to File a Personal Injury Claim
Here are the steps you should follow if you are considering filing a personal injury claim due to a product liability issue:
Seek Medical Attention: Seek medical attention as soon as possible after the injury. It is important to have documentation of the injury and any treatment you received.
Preserve the Product: Keep the defective product in a safe location. Do not use it again or alter it in any way as it may be used as evidence in your case.
Contact an Attorney: Contact a personal injury attorney to determine if you have a case. They will be able to advise you on your legal options and whether you are eligible for compensation.
Investigate the Defect: Your attorney will investigate the defect and determine who is liable for the injury. They may also gather evidence and interview witnesses.
File Your Claim: Your attorney will file your claim against the responsible parties. This may include the manufacturer, distributor, or retailer.
Negotiate a Settlement: The responsible party may offer a settlement to avoid going to court. Your attorney will negotiate the best possible settlement on your behalf.
Go to Court: If a settlement cannot be reached, your case will go to court. Your attorney will present evidence and argue on your behalf to win compensation for your injuries.
Conclusion
If you have been injured due to a defective product, you may be eligible for compensation. It is important to seek medical attention and contact a personal injury attorney as soon as possible to ensure you are able to file a claim within the statute of limitations. Remember to preserve the product and not use it again to ensure it can be used as evidence in your case. With the help of an experienced attorney, you can pursue compensation for your injuries and hold the manufacturer or seller accountable for their negligence.