Any product may cause harm if there are flaws in its manufacture, marketing, or design. Suppose you’ve gotten ill or sustained injuries from a defective product. In that case, you’re eligible for compensation for the losses you’ve incurred from the illness and injuries. For this to happen, you have to file a defective product claim.
It’s your right as the consumer since you have the right to legal protection, preventing manufacturers from releasing dangerous or harmful products. You shouldn’t suffer physically or financially because of a manufacturer’s negligence. If you do, the law permits you to file a defective product claim for financial compensation.
Additionally, taking legal action prevents such negligence from happening in the future. Manufacturers become more cautious, and in case of a massive product defect, they immediately recall products from the shelves to prevent further damage. Below is a guideline on filing a defective product claim:
Hire A Product Liability Attorney To File Your Claim
Filing a product liability lawsuit can be convoluted, mainly because big corporations and companies are involved. Most large organizations have an intimidating legal team and several financial security policies.
For this reason, it’d help to hire professional attorneys if you want to win your case. If you sustain injuries, contact reliable personal injury attorneys Charleston if you live in the area.
Your lawyer will initiate the process of filing a claim by first drafting demand letters and collecting all related evidence and supporting documents as the process goes on. Your product liability attorney will further help you through the entire legal process. Additionally, they’ll handle all the communications with involved parties. This way, you won’t make unknowledgeable statements, which may prevent you from being compensated.
Prove The Product Was Defective
In personal injury cases, lawyers must prove the manufacturer’s negligence caused the injury for a winning chance. However, in product liability claims, the lawyer doesn’t have to prove it because it’s under strict liability, which indicates that manufacturers are liable for defective product mistakes that harm consumers irrespective of whether the defect resulted from negligence. Nonetheless, the claimant must provide evidence to prove specific issues in their claim.
Product liability claims have four essentials to prove:
- The claimant must have suffered harm: Proof should be provided for the damage caused.
- The product must have a defect: Prove that the product is defective and, therefore, harmful to consumers. It can be the design, manufacturing, or information defect that caused you harm.
- The defective product caused illness or injury: Provide evidence of the damage or that the disease is related to the product.
- The claimant used the product for the proper purpose: You must prove that you used the product for the proper purpose as indicated by the manufacturer.
Know The Time Limits
In most states, the time limit for filing a claim is within two years from the date of injury. However, each state has different deadlines for a product liability case. These limitations are provided in the statute of limitations. Often, courts strictly adhere to the set time restrictions; therefore, they take action immediately to avoid dismissal in case of time overlap.
The type of injuries or illnesses could determine the time limit. Severe injuries such as burns are easily detectable, and for this situation, the statute of limitation time countdown immediately begins. However, it’s more complex for illnesses since you must note gradual symptoms caused by exposure to the harmful substance. In this situation, the countdown may delay.
You must be cautious with manufacturers, who may employ questionable techniques to start the countdown without your knowledge. It’s, therefore, advisable to get a lawyer immediately if you get injuries from a defective product for professional advice. It will prevent you from failing to recover compensation for caused damages.
Determine Liability In Defective Product Claims
When your lawyer files a defective claim, the claims need compelling grounds and theories to establish solid enough cases against the manufacturers. If your lawyer doesn’t build a convincing case, the fault could fall back on you. That’s why there must be legal grounds for product liability cases.
The possible grounds include the following:
Most cases use negligence as a reason for injury or illness. They twist claims toward the fact that the manufacturer was responsible for caring for the consumers but ignored it. Negligence is enough ground for issues concerning design and manufacturing, for example, failing to warn consumers about harmful components of a product.
Breach Of Warranty
A warranty is a sealing understanding between salespersons and consumers regarding the quality of the product. A breach occurs when the product fails to meet the quality standards in the warranty.
Breach of warranty can be enough grounds for filing a claim.
Strict Liability is where the court finds the charged parties liable for the charges without considering negligence or intent. Strict liability cases only need a claim to be proved.
Knowing the correct legal ground to base your case on is crucial to increasing your winning chances.
Filing product liability claims can be challenging and complex as convincing evidence is required. For this reason, you need to know the steps to follow to make a claim. Moreover, hiring a competent lawyer increases your chances of getting compensated.