How Do You Prove A Product Liability Defect Claim?
If you want to prove a product liability defect claim, there are plenty of things that you need to do before you can be compensated. You and your personal injury lawyer will need to prove the following if you want to prove a product liability claim:
● You suffered injuries and/or losses
● The product was defective
● The product’s defect(s) caused your injuries
● You were using the product as intended
You suffered injuries and/or losses
Your personal injury lawyer in Baldwin Park will tell you that you don’t have a case if you didn’t suffer from any tangible injuries and/or losses.
The product had defects
Personal injury lawyers know that you must prove that the product was defective and that those defects are what harmed you if you want to win a settlement.
The manufacturer made a mistake when making the product and it was this product error that injured you and/or caused you losses. You and your personal injury lawyer may have to prove that the manufacturing error resulted in a product with a dangerous and/or deadly defect.
Failure to warn of a hazard
You’ll probably win your defective products lawsuit or claim if you can prove that the product defect presented a hazard to the customer that was not obvious. Remember that your case may be weakened if the product came with a written warning about these hazards.
You were hurt by the defective product
If you try to argue that you were hurt while using the defective product, you may not win. This is because many people are hurt by using products – defective or not. Manufacturers are not perfect and they make mistakes, but personal injury law expects the end consumer to be vigilant and prudent. You must prove that the product’s defect(s) is what caused your injuries, if you want to win your claim or case and get a settlement.
If you were hurt in an accident in a car that can flip when driven too fast and you were speeding when approaching a curb, you will probably not win. The manufacturer will claim that your reckless driving was what caused your accident and ultimately your bodily injuries and property damage. If you were driving at the right speed while approaching a curb when your car flipped over, you likely have a valid case.
You used the product properly
You don’t have a case if you didn’t use the product properly. You will have no case if you got cut because your new pair of scissors fell apart while you were trying to use it as a screwdriver. However, you will have a case if you were trying to cut paper and got injured when your new pair of scissors fell apart. Indeed, winning a product defect case is easy if you hire a good lawyer and know the information presented in this article.