How to Know if You Have a Product Liability Case
If you have been injured by a product that malfunctioned or was improperly designed, you should consider filing a product liability lawsuit. Manufacturers, distributors, wholesalers, and retailers can all be held liable for product defects that cause injury, and you may be able to recover damages based on a defective design or manufacture claim.
What Does the Consumer Have to Prove?
In a product liability case, the consumer must prove three things:
- The product was sold to someone under ordinary consumer expectations
- The product contains a design or manufacturing defect that caused the product to be unreasonably dangerous
- The consumer was injured by the defective product and the injuries caused the consumer to sustain compensable damages
The plaintiff in a product liability case can make the claim that the item was dangerous in one of three ways. The first is a design defect, which means the product was flawed from the start and should be considered dangerous even if it was made correctly. A manufacturing defect means that the design was sound but that there was an error when making it, sometimes affecting just that product and sometimes affecting the entire line of products. Finally, there is the marketing defect. This means that there was insufficient or inaccurate warning on the product packaging, which led to it being used incorrectly or without proper safety measures.
You can submit multiple “theories of recovery,” which refers to the reasons to file your lawsuit, depending on state laws. For product liability, there are two theories of recovery: negligence theory and strict liability theory. For the negligence theory of recovery, the consumer must prove that the manufacturer, distributor, or seller of the product had the responsibility to make, distribute, or sell a defect-free product, and failed to do so.
The strict liability theory of recovery does not require the consumer to prove negligence, but does require that the consumer shows (a) the manufacturer sold the product, (b) the consumer used it in the intended manner, (c) the product’s condition did not change from when it was sold, and (d) a defect in the product caused injury.
A Defective Products Lawyer Could Help with Your Case
These types of personal injury cases are not always easy to pursue, especially since the large companies that design and manufacture these products have a lot of money and power on their side. Speaking with an experienced personal injury lawyer is your best bet if you are considering filing a product liability case. Our team can walk you through the process and help you determine the necessary steps and evidence needed to secure the damages you deserve. Call us today to learn more.