When you experience an injury caused by a product, you may have the right to compensation for your injuries from the manufacturer or seller of that product. Proving product liability can be challenging, but with the help of a personal injury attorney, you can pursue compensation for your injuries.
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Essential Elements of Product Liability Claims
Product liability claims require proving three essential elements:
- The product is defective.
- The product’s defect caused the injuries.
- The defect existed at the time of manufacture or sale.
Types of Defects
There are three fundamental types of product defects that can lead to a product liability claim:
Manufacturing Defects
A manufacturing defect occurs when a failure in the manufacturing process creates a product that fails to meet its intended standard. A manufacturing defect is generally not present in all products of that type.
Design Defects
A design defect is present in all of the products of a specific type and results from an inherent flaw in the product’s design. This defect results in products that are inherently dangerous, and it is left to the consumer to take preventative measures against injury.
Marketing Defects
Marketing defects occur when the product manufacturer or seller fails to adequately warn consumers about the risks associated with using the product, or the manufacturer presents the product in such a way that it is misleading to consumers.
How to Prove Your Product Liability Claim
Proving a product liability claim can be challenging, as manufacturers and sellers can use their significant resources to fight a claim. There are specific steps you can take to strengthen your case:
Gather Evidence
To prove your product liability claim, you will need evidence such as:
- Documents related to the product, like product manuals, purchase receipts, and warranty information
- Medical records that show the extent of your injuries
- Statements from witnesses who may have seen the product being used or who may have used the product themselves.
Get Expert Opinions
Expert testimony can be critical in proving your product liability claim. An expert can testify as to the quality of the product design, manufacturing process, or the product’s safety warnings.
File Your Lawsuit
You must file your product liability claim within the statute of limitations, which is typically two to three years from the date of the injury.
Seek Legal Representation
Proving product liability claims can be challenging, and you must work with an experienced personal injury attorney to pursue your claim.
Conclusion
If you experience an injury due to a product’s defects, you may be able to pursue a product liability claim. By understanding the essential elements of product liability claims and the steps you need to take, you can strengthen your case and obtain the compensation you deserve. Work with an experienced personal injury attorney to represent you and ensure your best interests are protected.