Accidents happen. However, sometimes accidents could’ve been prevented. Particularly in cases with defective or ill-designed products, there are measures that should’ve been taken by the manufacturer to prevent injuries or damage to the consumer. If this has happened to you and you’ve been hurt or suffered property or financial losses because of a defective product, you may have a product liability case on your hands. And for that, you’ll need a convincing array of evidence that unquestionably pins your injuries or losses on the product. The list below should give you a good idea of what kind of information you'll need to present:
- You were injured or suffered financial losses.
“Almost” isn’t good enough in a liability case. In fact, “almost” is rarely a passing grade in any court room scenario. Justice deals with finality and when you’re trying to sue a company for a defective product, possible scenarios that could have happened won’t cut it and won’t get you the compensation you want and need. So unfortunately, it’s imperative that you were injured or suffered serious property damage or financial losses because of the product in question. Almost suffering a bad fall is a lot different than actually falling due to the defects of a product and needing to be hospitalized, so the latter will stand up better in court.
- The product itself is defective.
The most important part of a product liability case is that the product in question can be proved defective so the manufacturer can then be held liable. There are three different categories of product liability claims that cover the aspects of what can most commonly go wrong with a product—Defective Manufacturing, Defective Design, or Failure to Warn/Instruct (lack or vagueness of instructions and warnings on product). Fitting your case to one of those categories and then being able to prove the inadequacy and defectiveness of the product is crucial and will all but guarantee good results.
- The product was being used how it was intended.
For a product to be defective, it has to have failed during its intended, proper use. If a product isn’t intended for a particular use, a manufacturer isn’t required to make the product’s design safe or applicable for that purpose. This, however, doesn’t mean that just because you didn’t follow the exact step-by-step instructions that you don’t have a case—if the manufacturer could have reasonably anticipated that a consumer would use their product in the way you did, you’re probably still covered under this rule.
- The product’s defect directly caused your injury.
So you were injured and the product you’ve got is defective. Those are both important pieces, but not quite enough. Now you have to demonstrate that it was the product’s defect that directly caused your injury. In some cases, this is pretty straightforward—in others, it may not be. Regardless of whether the product is defective, if you were using it irresponsibly at the time of your accident, the defense (likely the manufacturer) will argue that your reckless use of the product is what caused your injury or damage rather than their product itself.
To win your case and get the compensation you deserve, you’ll need experienced product liability attorneys on your side, protecting your rights and fighting your cause. If you’ve suffered an injury or financial losses due to a defective product, contact Boughter Sinak today for a free consultation.