A product liability claim allows a person injured by a defective product to seek compensation for the harm they have suffered and the losses they have sustained due to the injuries caused by the product defect. As all legal claims, there are certain things that need to be proven in order to bring a successful product liability claim. If successful, you can recover compensation for things such as medical expenses and the cost of future medical care. You may also be able to receive compensation for the pain and suffering you have endured because of the accident and the resulting injuries.
What Needs to Be Proved in a Product Liability Case?
Essentially, there are three different theories under which you can bring a product liability claim. There is a strict liability theory that allows a plaintiff to bring a claim based on sustaining injuries due to a dangerous product regardless of whether or not the seller or manufacturer of the product was negligent. There is also a breach of warranty theory that can be applied in cases where the product came with certain warranties guaranteed by the manufacturer. If the product fails to uphold the promises of the warranty, then the plaintiff may file suit.
Finally, there is the negligence theory. The negligence theory allows the plaintiff to bring a product liability claim based on the fact that the manufacturer or seller of the product failed to uphold its duty to make and distribute a safe product. Under a negligence theory, you must prove that:
- You were injured or sustained other losses;
- The product is defective;
- The product defect was the direct cause of your injury or other losses; and
- You were using the product as it was intended to be used.
There are several different product defects that you may prove caused your injury. The product may have been:
- Defective in design: This means that, even if the product was perfectly made, it still would be defective because of a flaw in its design that makes it dangerous to use.
- Defective in manufacture: In these cases, the product was properly designed, but an error occurred during the making of the product that made it dangerous to use.
- Defective in warnings or instructions: This means that there was a failure to provide adequate warnings or instructions regarding how to properly use the product making it dangerous to use.
You also need to be able to prove that you were using the product as it was intended to be used. This does not necessarily mean that your use of the product must exactly conform to the specifications set forth by the manufacturer. It does, however, mean that you were using the product in a way that it could be reasonably expected to be used by an ordinary consumer.
Contact MPJ Law Firm Today If You Have Suffered an Injury From a Defective Product
MPJ Law Firm fights for victims who have suffered due to a defective product. As a consumer, you are owed a duty by product manufacturers and sellers. They need to ensure that they are making and distributing products that will be safe to use. If they fail in this duty and you are injured as a result, you deserve to be properly compensated. Contact us today.
Posted in: Product Liability