When you purchase a product, you reasonably expect that it will work as intended and that you will be safe using it. You never expect that you will be injured or hurt while using the product. But occasionally, a product does not work as intended and causes harm to the user. In this case, you need to talk to a product liability attorney.
How Can a Product Liability Attorney Help?
A product liability attorney represents individuals or groups of individuals who have been injured by a malfunctioning product. The product did not work as intended and caused harm to the person or people using it.
A product liability attorney is a type of personal injury lawyer. They work with the injured party to construct and present their case. To win the case, they must:
- Prove that the product didn’t work as promised and/or malfunctioned
- Prove that injury was caused as a result of the product defect
- Prove that damages (financial and/or non-financial) were incurred by the injured party
When you work with an experienced product liability attorney, they will know the best way to approach your case, provide the necessary proof, negotiate a just and fair settlement, and take the case to court if needed.
Related: Personal Injury Compensation: What Can You Fight For?
Do You Have a Product Liability Case?
If you are considering whether or not to seek the help of a product liability attorney and sue for personal injury, consider if you have a viable case.
To have a viable case, you will need to prove four things.
- Intended Use: You were using the product as it was intended for use. There was nothing unusual about the way that you used the product.
- Existence of a Product Defect: There was a defect in the product that made it not work as intended. The product malfunctioned, broke, was not made properly, or was not designed properly.
- Causation: The defect directly caused damages. Injury, death, or damages would not have occurred if it wasn’t for the existence of the product defect.
- Damages: You experienced a loss physically, financially, or emotionally because of the defect. You must be able to prove the loss through evidence such as medical bills, photos of damaged property, pay stubs showing lost wages, etc.
Even if you aren’t sure if you can meet each of these standards, you can benefit from talking to a product liability attorney. They can work through your case to identify evidence and determine if you have what you need to take your case to court.
Related: Examples of Wrongful Death Cases: Do You Have a Case?
Types of Product Defects
To bring a product liability case to court, you must prove that there was a defect in the product. Three primary types of product defects can support your case.
Product manufacturers are responsible for warning consumers of the non-obvious risks of using their products. If they fail to clearly warn consumers, it can be considered a marketing defect. For example, pharmaceutical companies are responsible for listing potential risks of taking one of their drugs. If they fail to notify consumers of potential risks, they can be held responsible for a marketing defect.
Manufacturing defects occur when a product is not made properly due to an error or problem during production. The defect is not consistent with the entire product line. It only occurs in products made during the manufacturing malfunction. For example, a batch of bicycles may have been made without an integral part of the brake system. Those bikes have a manufacturing defect, whereas other bicycles made properly do not.
Unlike manufacturing defects, design defects occur in an entire product line. The problem exists with every product because the problem exists in the design. The standard product design can cause injury or harm. An example of this could be a stroller that was deemed safe by manufacturers but ended up causing multiple injuries due to a design flaw that made the stroller likely to tip over.
Related: 6 of the Most Commonly Asked Questions About Personal Injury
Find a Product Liability Attorney in Tampa
If you or a loved one were injured or died due to the defects of a consumer product, you have a right to compensation and damages. You have a right to be made whole again.
Don’t go into this fight on your own. Talk to an experienced product liability attorney who knows what you need to do to get a full and fair settlement. Talk to TJ Grimaldi.
All consultations with TJ are 100% free. Call today to see if you have a case and if so, what is the best approach for taking your case to court. Schedule your free consultation or call 813-226-1023.
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