If you have sustained injuries due to a faulty product, you have the right to recover the damages related to your injury. You can do this with a product liability claim. However, these claims processes can be very tough to navigate unless you have experienced attorneys present. Do you know all the ins and outs of this process?
Here are a few things you should know:
There are Three Basic Types of Product Liability Claims
At any given time, there are thousands – potentially millions – of products that have a risk of defect while being used by a consumer. Product liability claims generally fit into three categories:
Design defect: These are defects that existed long before the product was even manufactured. In every state but three, the burden of proof falls on the claimant to prove how the defective design reduced the safety of the product. In Hawaii, California, and Alaska, the burden of proof is on the defendant. They must prove that the design was not defective.
Manufacturing defect: These are defects that occur due to the manufacturing process and typically will only affect a small sample size of the products. Products that were manufactured around the same time and place may be impacted.
Marketing defect: This defect can occur due to improper handling, packaging, and labeling of the product. If instructions failed to warn consumers about potential risks, the company may be liable in the event that the consumer is injured.
You Must Prove the Product Defect
The defect of the product must be proven. In order to have a valid claim, the consumer must be able to prove the following:
- When the product is used as intended, there is a defect in either the manufacturing, marketing, or design which can become harmful to the consumers.
- The distributor and/or manufacturer knew the product had some sort of defect but failed to take the proper precautionary steps to prevent it.
- Due to the defect, the claimant sustained an injury that resulted in unexpected expenses and impacted their life.
When and Where You Should File
Like all personal injury cases, product liability cases have a statute of limitations that determines how long you have to file a claim. Failure to do so within that time frame can prevent you from filing a claim.
When you’re filing your claim, it must be filed in the proper courthouse within your jurisdiction or the jurisdiction where the injuries occurred. An experienced attorney will help you to determine the correct jurisdiction for your claim.
Hire Experienced Attorneys
From defective drugs and truck brakes to poorly designed tractors and combines, we fight for those who have been injured or are grieving the death of a loved one. Heavy equipment is already inherently dangerous without a designer or manufacturer taking a shortcut and ignoring consumers’ safety.
If you have been injured because of a defective product, contact Friedman Law Offices at 402.476.1093 for an immediate evaluation of your case. There is no cost for an initial consultation.