Almost any product you can think of has the potential to cause injury. But just because you’ve been hurt doesn’t mean you’ll be successful in a lawsuit. There are several elements that must be present to bring a case forward.
The elements of a defective product case include:
- Product Defect. You would need to prove that the product had a defect. The defect could be in the way it was designed, assembled, or marketed.
- Using as intended. It’s going to be essential that you can demonstrate that you were using the product as it was intended. For instance, suppose you were injured in a fall when you stepped on the top rung of your ladder. This isn’t a case of a product defect; you failed to heed to the warning on the ladder to not use that rung. (However, if the ladder did not clearly warn you not to step on that rung, you could bring a case forward, claiming a marketing defect.)
- Causation. You will need to show that the defective product was the cause of your injuries, and not something else. At first glance, this may seem obvious. But there are times when it’s not so clear. An example of this would be if you claim you got sick from eating tainted food. The defense could suggest that you may have gotten sick from eating something else or coming down with a virus.
- Damages. Finally, you need to prove that you were harmed as a result of the injury. Examples of damages could include medical bills, pain and suffering, and time away from work. It’s important to understand that a products case is time consuming and complex to bring forward. Given this, an attorney isn’t likely to take your case if your damages were minimal. For instance, if you ended up with a few bruises and cuts you treated at home, your damages are likely small. On the other hand, if you needed an ambulance ride to the hospital, surgery, or can no longer work in your same field, your damages are likely high.
Talk to a Defective Products Lawyer
Think you might have a case? If so – we highly recommend you reach out to a well-rated defective products lawyer. A case like this is far more complicated than a car accident claim. You will need to present ample evidence to prevail. Also, the product’s company is sure to bring their legal team to defend their interests.
It’s free to speak with a products liability lawyer from Ladenburg Law Injury Attorneys. Plus, we’ll only charge you a fee if we win you a settlement. So, there is nothing to pay upfront. Please, give us a call.