Proving a Defective Product Liability ClaimAdmin2021-06-26T10:50:44+00:00
Proving a Defective Product Liability Claim
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If you use a product or take a prescription drug and later find yourself suffering serious injuries due to the item being defective, you may have the basis for a defective product personal injury lawsuit. However, for your case to be successful and find you gaining compensation for your injuries, you will be required to prove various elements once inside a courtroom. These will involve not only that you did in fact suffer serious injuries, but also that you were using the product as it was intended, the product did injure you, and the product is indeed defective as you claim. Since each of these elements is required to win a defective product case, choose a Los Angeles personal injury attorney from Grey Law who is known for having extensive experience in these complex cases.
Proving You Were Injured
To start with, all product liability claims begin with victims being able to prove they were actually injured by the product they claim is defective. Remember that if you were almost injured by the product, it almost will not be good enough to win your case. Thus, you must be able to show the court you were injured by the product. To do so, you should always seek medical treatment immediately upon being injured, since doctors can verify your injuries, how they occurred, and enter the information into your medical records. Should questions arise about your injuries in these situations, hire a product liability attorney in Los Angeles victims turn to when they need help.
Proving the Product was Defective
Once you have been able to prove you were injured due to using the product that is alleged to be defective, your next legal hurdle will be to prove the product is in fact defective. When trying to do so, your lawyer will start to focus on several different areas to determine which category your case will fit into prior to going to trial. For example, the product may have contained a manufacturing error that resulted in your accident. In other situations, the product may have been improperly designed prior to manufacturing. If this is the case, this is often harder to prove, and thus requires gathering many specific types of evidence and using the testimony of expert witnesses. Finally, your lawyer may determine the product did not contain the proper warnings or instructions for use, making it very dangerous for consumers.
Proving the Product’s Defect Led to Your Injury
Even if you and your lawyer have proven the first two elements of your case, you now have to show the defective product caused your injuries while you were using it for a task in which it was intended. While this may sound easy, it may or may not be depending upon the product being questioned as defective. For example, if you were injured while driving a type of car that has been shown to be prone to rollovers, you may think your case is open and shut. However, if there is evidence showing you were exceeding the speed limit at the time of your crash, the auto manufacturer and its insurance company will argue it was your recklessness behind the wheel that led to the crash and your injuries. Since you can expect quite a fight from manufacturers regarding this part of your case, plan on placing your trust in an attorney.
Proving You Were Using the Product As Intended
Since any product is designed, manufactured, and sold to consumers with a specific use in mind, it is crucial you are able to prove you were using the product in question as it was intended when your accident took place. As an example, if you were using a pair of scissors to cut fabric and one of the blades suddenly broke, hit you in the face, and resulted in deep lacerations that left permanent scarring, you should be able to show this was a situation where the product was being used as intended. However, again expect a manufacturer to somehow try to show you were negligent or careless when using the product prior to your injury.
Defendants in Your Case
While you are of course focused on the elements that are essential to proving your defective product liability lawsuit, you and your legal representation, who will fight hard for your rights in these cases will also be busy determining if multiple defendants will be included in your lawsuit. In most cases of this nature, defendants can include everyone from the product’s designer and manufacturer all the way to the store selling the item, engineers who signed off on the product, and even consultants who may have worked with the manufacturer on developing the product. To ensure your lawsuit targets all parties who are responsible for your injuries and thus should be held accountable for their negligence, work closely with your lawyer when discussing the details of your case.
Compensation for Your Injuries
Finally, the goal of your lawsuit is to help you gain the financial compensation you need to cover your damages following your accident. This usually includes money needed to pay your many medical bills, replace the income you have lost from being unable to work, and help you recover physically and emotionally from the pain and suffering after your accident. In some cases where extreme negligence is proven, a jury may also award you punitive damages to punish the defendant.
To have your defective product liability claim be a winner in the courtroom, schedule a consultation as quickly as possible with a lawyer clients trust implicitly from Grey Law.
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