Filling a Product Liability Claim: What You Need to Know

Read Time:5 Minute, 7 Second

Getting injured by a defective or dangerous product is not an alien concept. Many people suffer injuries due to an interaction with a defective product, which can lead to product liability claim and lawsuits. The liability of a manufacturer begins as soon as a defective product leaves their hands.

In order to punish the negligence of a manufacturer, you need the help of the law. With legal help, you can ensure that the liable parties will be held accountable for their negligence, and you will be compensated for your injury and suffering.

The following discussion will help you understand the process for filling a product liability claim. By reading through it, you will be able to understand your rights better.

Understand the Grounds

The grounds for a product liability claim need to be firm. In order to make a successful product liability claim, you will have to prove that either the product was faulty, there was a lack of clear instructions, or there was a design flaw that led to your injury.

To prove if the product was defective, you will have to prove that it was defective the moment it left the hands of the manufacturer and that defect caused your injury. Similarly, if a product is dangerous to use or operate and, due to a lack of clear instructions, you get injured, you will have grounds for a claim.

On the other hand, if a product has a defective design or there is a safety concern within the design of that product, then you will have to prove your case with the help of an industry expert.

Consult a Legal Expert

If you have been injured while using a product, or you have suffered a financial loss due to a defective product, you might be wondering what legal remedies are available to you. In order to gain clarity on any questions that you might have in your mind, you will need the help of a personal injury lawyer.

You can get in touch with personal injury lawyer Tad Thomas to discuss your case. A reputable and honest lawyer will be able to guide you through all the legal remedies available to you. In addition, you will be able to find out if you have a viable case.

Collect Product Samples

In case you have suffered an injury due to a defective product, you will have to collect product samples to prove your case. If you have been injured due to a product defect, it is most certainly going to happen to someone else. You will need to gather reports of all such incidents to make a case.

On the other hand, if a product has a design flaw that makes it defective, then you will need to collect samples of it still in its packaging. This will help you demonstrate that the product has a design flaw and that it came that way straight from the manufacturer.

Try to Find Similar Cases

In order to strengthen your case, you will need to build a larger sample size. It can be easier to prove that a product is defective if a number of people have suffered an injury due to its defect. You can look for incident reports and reviews that can point out the defectiveness of a product.

Similarly, if there is a lack of clear instructions, you will have to ensure that other people have found the instructions to be insufficient. This can apply to equipment that needs special attention and care to operate. If there is a lack of warning labels or instructions, you will have a viable case.

Show Proof of Damage

In order to make a viable claim, you have to show that you have suffered an injury or financial damage due to a product defect. If you have suffered an injury, you will need to collect your medical bills as proof of your injury and suffering.

Similarly, if you have suffered a financial loss, you will need to document the loss. Once you get things fixed, you will need to compile the repair bills and ascertain the value of your loss. This will enable you to seek ramifications against a manufacturer who has supplied a defective product to you.

File a Formal Complaint

Once you have sufficient evidence at hand, your next move should be to file a formal complaint. By filing a formal complaint, you will be able to start action against a negligent manufacturer. A complaint will enable you to bring the issue to the notice of relevant authorities.

You can file your formal complaint in front of a regulatory authority, or you can bring a negligent manufacturer to the consumer court. This way, you will be able to bring the defect to light and save others from potential harm or injury.

Seek Compensation

Suppose the manufacturer does not admit fault or refuses to address the issue or compensate you. You can seek compensation for your loss. This will ensure that the liable parties are held accountable for their negligence, and many others will join your lawsuit.

If you are able to make a strong case against a manufacturer, you will be able to bring them to the table for talks. The manufacturer will offer you a settlement for your suffering. These offers are generally low, but you can negotiate with them to get adequate compensation for your suffering.

Move to Trial

If the settlement talks fail, you should be prepared to take the matter to court. You will need to prove your case, and for that purpose, you can present witnesses and industry experts. By going to trial, you will be able to make sure that penal action is taken against a manufacturer who has a defective product.

If you are able to prove your case during trial, the court will order the manufacturer to remove the defect. In addition, you will be awarded compensation, which will cover most of your medical expenses. If you have suffered a financial loss, you will be able to regain that amount as well.