Companies that design, distribute, and manufacture products for public use have to ensure their products are safe for customers. If a person or someone they love suffers injuries due to a defective product, you are eligible for financial compensation. Proving fault in a liability lawsuit may be challenging at times. However, hiring a seasoned and aggressive product liability attorney helps you secure fair compensation.
Do I Need A Product Liability Lawyer?
A product liability attorney provides clients with expert legal counsel to help them make informed decisions on how to pursue their claim and represents you in the course of your legal proceedings. A product liability lawyer may even work to secure a satisfactory settlement for clients before trial. A seasoned lawyer works diligently to facilitate the required verdict if the case goes to trial.
Clients’ compensation may be rehabilitation costs, medical bills, loss of wages, inhibited earning capacity, or pain and suffering if you sustained injuries due to a defective product. Suppose the defective product kills a family member or someone you love. In that case, your family is eligible to obtain compensation for medical costs, funerary costs, pain and suffering, loss of future wages, and a loss of companionship.
Elements Of A Product Liability Lawsuit
To ensure the success of a product liability lawsuit, a victim has to prove that:
- The victim suffered injuries
- The product was defective or unreasonably dangerous
- The defective product caused the injuries
The injured person has to collect photographs, medical records, and hospital bills to record the severity and the occurrence of an injury. It is crucial since the type of damage that a victim receives is dependent on the degree of harm.
Victims have to establish that their injuries were caused due to the negligence of the defendant. The product’s designer, retailer, or manufacturer is held responsible depending on the circumstances of the case.
Product Liability Lawsuits And Statutes Of Limitations
Product lawsuits have to be filed within a given period, like most civil cases. Statutes of limitations have strict filing deadlines set by courts across the country, since critical evidence may be misplaced or destroyed as time passes.
Victims who fail to file product liability lawsuits before the expiration of statutes of limitations are barred from accessing the courts to seek financial compensation, loss of wages, out-of-pocket expenses, and other damages. Parties considering filing a product liability lawsuit are advised to consult a seasoned lawyer once the alleged injury occurs to protect their legal rights.
Proving Fault In A Product Liability Lawsuit
According to a Houston auto accident attorney, thousands of citizens get killed or seriously injured due to defective products ranging from automobile parts and children’s toys to recreational equipment and household appliances. Retail stores and companies that design, advertise, manufacture, and sell defective products that pose risks of injury to customers are held liable for damages.
Negligence
Under the legal theory of negligence, distributors and manufacturers are usually held responsible for injuries sustained due to a defective product. Below is a list of elements to prove to prevail in a product’s liability claim.
- The breach caused injuries to the plaintiff
- The defendant breached that duty by failing to act reasonably
- There is a causal link between the plaintiff’s injuries and the defendant’s breach
Manufacturers who make defective products are liable for damages if they do not warn users adequately regarding the risks associated with the product. Retail stores dealing with defective products are held responsible if they fail to warn clients regarding known risks of the products.
Strict Liability
Designers, distributors, and manufacturers are held responsible if they act reasonably in designing, selling, and producing a defective product. A strict liability theory is enough for the plaintiff to prevail in court. Manufacturers of dangerous products are held to strict liability standards for injuries sustained from using such products.
Despite strict state and federal regulations, defective products still reach millions of consumers every year. Product liability lawyers assist victims who sustain injuries due to faulty products to secure compensation.
