If you or someone you know got injured as a result of using a defective product, you could consider filing a product liability claim. According to product liability laws, the manufacturers, designers, and other parties involved in the supply chain are responsible for the safety of their clients. However, some companies fail to uphold their mandate to ensure safety standards. Read on to learn what you should know about a product liability lawsuit first before suing someone for it.
What is Product Liability?
When you suffer an injury caused by a defective product, you can file a product liability claim. There are mainly three types of product defects that include the following:
- Manufacturing defects where the manufacturer fails to follow the product’s plans
- Design defects
- Marketing defects are usually caused by insufficient or misleading information
When you are hurt as a result of any of the above factors, you are eligible to file a product liability claim to the party involved. As you can see, many parties may be involved in a product liability lawsuit. There are also other parties involved in the product distribution chain, and they can also be held liable for your injuries. However, you need to prove that these additional parties contributed to your injuries. It can be very difficult to prove each party’s negligence.
Medical Reports
You need to prove negligence in a product liability lawsuit. For instance, you must prove that you used the product for the specific purpose that it was designed for. It must also be proven that the product was defective, and it led to your injuries. You should obtain a medical report that shows that the product was defective and it injured you. When you visit the doctor, you must provide details like when did you start experiencing problems after using the product, and try to provide accurate timing.
Hire a Lawyer
A product liability claim is usually complex since it requires the involvement of medical and technical experts to prove recklessness. It is essential to seek legal advice or hire a lawyer to handle your case. The Roanoke-based injury attorneys at www.vatrials.com explain that experienced injury lawyers know how to handle product liability cases. The attorneys can conduct thorough investigations to establish wrongdoing. Your attorney can also negotiate with the party involved to increase your chances of getting a maximum settlement for your injuries. You must also know that some lawyers do not charge upfront legal fees for handling your case. This means that they can only recover their payment from the settlement that you will receive.
You may not Need to Prove Negligence
Unlike other personal injury claims, you may not need to prove the defendant’s negligence in a product liability claim. In terms of strict liability doctrine, it may be impossible for the customer to prove fault by the manufacturer. The manufacturer can be held liable for product defects regardless of the steps they take to ensure that the product is safe.
Statute of Limitations
In every state, some laws determine the time limit for filing a product liability lawsuit. Likewise, you must file your lawsuit early otherwise, you may lose your legal rights to get compensation. The limits for filing lawsuits vary from state to state, but in most cases, two-year limits are recognized in different places. You must check the statute of limitations in your respective state to ensure that you do not miss the deadline. You can also consult your attorney to get more details about product liability claims.
Damages for Property Liability
If you successfully file a product liability case, you can get financial compensation for the injuries caused by a defective product. You may also get compensation for medical expenses, loss of wages, disability, pain, and suffering. You may also get punitive damages, and these are mainly designed to deter other manufacturers from acting negligently. Punitive damages are also known as exemplary damages, but these cannot be awarded in every product liability lawsuit. If a defective product causes a wrongful death, the surviving family members can seek additional damages from the wrongdoer.
When you are injured by a defective product, you are eligible to file a product liability lawsuit to get a settlement for your injuries. Under product liability laws, all the manufacturers of various goods should ensure the safety of the customers. Before you file a product liability lawsuit, there are different things that you should know. For instance, you may be required to prove negligence in a case that may include many parties. Proving fault by other parties involved in the supply chain can be challenging. It is vital to enlist the services of a professional lawyer since product liability claims are usually complicated.