If you have been injured due to a faulty or defected product, you may be wondering if you are eligible to receive compensation due to product liability. It is imperative to take the correct steps when pursuing your claim. Here are some important things to know.
Product Liability | Who is At Fault?
The sellers and manufacturers of products have a duty to make efforts to see that their products are safe for the use which they were intended. If a product with a design or manufacturing defect causes injury to a person, the injured person may raise a product liability claim. The product’s designer, manufacturer, and wholesaler are all potentially at fault in cases such as these, and claims can be made based on defects in a product’s design, assembly, or marketing.
There is a precedent that plaintiffs in product liability cases must prove that the defect was the responsibility of the manufacturer rather than the result of the plaintiffs’ negligence. However, plaintiffs may be protected if they argue that the defective product was not due to the manufacturer’s negligence—essentially proposing a “no fault” situation. Regardless, if you have been injured, you are eligible to file a product liability claim, and our office can provide the guidance you need.
Product Liability | Common Examples
The list of products for which claims can be successful is as endless as the list of products that are placed into the stream of commerce. Consumers can file claims for defective automobiles, toys, medicines, lawnmowers, food products, and many more goods. Products that are inherently unsafe may fall into a legal gray area at times, but failure on the part of the manufacturer to provide adequate safety warnings can nevertheless be the basis for a claim.
Product Liability | Mistakes to Avoid
If you have been injured, it is important not to discard the product. You should make every effort to keep the product in the current condition, taking pictures if necessary (perishable items). Your attorney will need to present evidence in court for you to receive compensation. Alteration of the product may have a negative impact on your legal claim.
If you have any questions regarding product liability claims, please contact an experienced Hamburg personal injury attorney today for a free consultation.