If you have been injured due to a malfunctioning product, you may be wondering what your legal options are. Product liability laws exist in order to protect consumers from injuries that can be caused by defective or dangerous products. In this article, we will discuss what you need to do if you have been injured by a product and how to file a product liability claim.
What are the types of product liability claims?
There are three types of product liability claims: design defects, manufacturing defects, and failure to warn. Design defect claims allege that the product was designed in a way that made it dangerous for consumers. For example, if a toy is designed with small parts that can easily break off and be swallowed by a child, the toy company can be held liable for any injuries that occur as a result.
Manufacturing defect claims allege that the product was not manufactured according to its intended design. For example, if a toy is designed to be safe for children but during the manufacturing process small parts are added that make it dangerous, the toy company can be held liable for any injuries that occur.
Failure to warn claims allege that the product’s manufacturer failed to warn consumers about the dangers of using the product. For example, if a power tool does not have a warning label about the danger of electrocution, and someone is injured as a result, the power tool company can be held liable.
Get checked by a doctor
If you have been injured due to a defective or dangerous product, the first thing you should do is seek medical attention. Once you have been seen by a doctor and have received treatment for your injuries, you should then contact an experienced personal injury attorney. An experienced attorney will be able to review your case and determine if you have a valid claim against the manufacturer or seller of the product.
Moreover, if your injuries are serious, you should also contact a defective product lawyer to help you receive the compensation that you deserve. Make sure to keep all receipts and documentation related to your injuries, as this will be important evidence in your case.
What should I do if I have been injured by a product?
If you have been injured by a product, there are certain steps you need to take in order to protect your legal rights. First, it is important that you seek medical attention as soon as possible. This will not only ensure that you receive the treatment you need, but it will also create a record of your injuries. Namely, the specialists from medmal-law.com say that you should also keep all documentation related to your injuries, as this will be important evidence in your case. Next, you should save any evidence that is related to your injury. This may include the defective product itself, as well as any packaging or manuals that came with it. When saving this evidence, it is important to keep it in a safe place where it will not be damaged.
You should also take pictures of your injuries and keep any medical bills or receipts that are related to your treatment. This evidence will be important when you file a product liability claim.
How do I file a product liability claim?
If you have been injured by a defective or dangerous product, you may be able to file a product liability claim against the manufacturer or seller of the product. In order to do this, you will need to prove that the product was defective and that the defect caused your injuries. You will also need to show that you were using the product as it was intended to be used when you were injured. For example, if you were using a power tool and you were injured because the tool did not have a warning label, you would not be able to file a claim against the power tool company.
File a product liability lawsuit
If you decide to have a valid claim, your attorney will then file a product liability lawsuit on your behalf. In order to win a product liability lawsuit, you will need to prove that the product was defective or dangerous and that this defect or danger caused your injuries. You will also need to prove that the manufacturer or seller of the product knew or should have known about the defect or danger and failed to warn consumers about it.
You may be entitled to compensation
If you are successful in your product liability lawsuit, you may be entitled to compensation for your medical bills, lost wages, and pain and suffering. If you have lost a loved one due to a defective or dangerous product, you may also be able to file a wrongful death lawsuit. Moreover, the compensation also may include punitive damages, which are designed to punish the manufacturer or seller of the product. These can be awarded in cases where the company’s actions were particularly reckless or careless.
On the other hand, the company may also have to pay for your attorney’s fees and court costs. Therefore, it is important to discuss these matters with your attorney before filing a product liability lawsuit.
Get Help From an Experienced Product Liability Attorney
If you or a loved one has been injured by a defective or dangerous product, you should contact an experienced personal injury lawyer as soon as possible. An experienced attorney will be able to review your case and determine if you have a valid claim. They will also be able to guide you through the legal process and help you get the compensation you deserve.
A possible outcome of a product liability claim is that the company that manufactured or sold the defective product may have to pay you compensation. This compensation can help with expenses related to your injuries, such as medical bills and lost wages. In some cases, you may also be able to receive punitive damages, which are designed to punish the company for its actions.
If you have been injured by a defective or dangerous product, it is important to contact an experienced personal injury attorney as soon as possible. An experienced attorney will be able to review your case and determine if you have a valid claim against the manufacturer or seller of the product.