A defective product claim is also known as a product liability case. It entails the need for you to demonstrate that the product caused your injury because either it was improperly designed or manufactured. However, you need to provide evidence that the product was indeed defective, particularly even if you have tried to use it properly. This article tackles some of the things that you should know about winning a defective product claim.
A Qualified Lawyer Can Help You Maximize Your Compensation
One of the primary things that you should know about winning a defective product claim is that you need to work with a qualified lawyer. While there are several personal injury lawyers, the legal experts behind The 702 Firm suggest that you work with a lawyer who has ample experience in handling similar cases to increase your chances of getting a favorable result. This means that you need to go for the services of an attorney who has built his expertise when it comes to product liability rather than a legal expert who is more well-versed in handling slip and fall accidents.
Keep in mind that product liability can be considered as a complicated area of law that requires the knowledge and expertise of a lawyer who has experience in handling these cases. They will ensure that you are within the specific limits set to make a product liability claim. As much as possible, resist the temptation to go for the first lawyer that you come across, but rather, look for someone with a proven track record.
Providing Proof of the Manufacturer’s Negligence Is Not Always Necessary
Another thing that you should know about winning a defective product claim is that proving a manufacturer’s negligence is not always necessary. In a product liability lawsuit, there are instances wherein you no longer have to prove the defendant’s negligence because this can prove to be too challenging for a consumer. In this case, you can leverage the product liability laws implemented in your state, which indicate that a manufacturer can be held liable for a defective product regardless of the process they implement to make their products safe.
You Can Recover Punitive Damages
It is usually the case that the amount of non-punitive compensation is based on the severity of the injuries that you have sustained because of the use of a defective product. In this case, the defendant can be held liable for all your direct and indirect medical expenses, even lost wages as well as the pain and suffering that your injuries have caused you. On top of this though, you may also be awarded punitive or exemplary damages, which the defendants may face as a consequence of their negligence or careless conduct, particularly if they are proven guilty of such an act. The courts that grant punitive damages do so in an attempt to deter future misconduct.
There Can Be Multiple Defendants in a Claim
When it comes to product liability cases, it can be that more than one party can be named as defendants. Thus, apart from the manufacturer, the other party can also include the designer, as well as the wholesaler and retailer. However, you need to be able to establish proof that all other defendants must be held liable too by providing evidence on how they contributed to the injuries that you have sustained. While this can be quite a challenging feat to accomplish, a seasoned lawyer will be able to help you establish your case.
Marketing Defects Can Be Liable for Legal Action
Finally, you also need to be aware that even marketing defects can be liable for legal action. This means that product liability is not only limited to manufacturing and design defects. In this case, marketing defects include the failure to provide clear and safe instructions in the products being advertised. It also includes the lack of warning signs of potential risks, as well as improper labeling. Thus, you need to ensure that you carefully study each of the aspects of a product liability claim in building your case.
To increase your chances of winning a defective product claim, you need to work with a qualified lawyer who has ample experience in handling these types of cases. Rest assured that providing proof of the manufacturer’s negligence is not always necessary for you to recover even punitive damages. There can also be multiple defendants involved in the case and even marketing defects can already be liable for legal action. When you are familiar with all of these, then you have a greater chance of being awarded reasonable compensation for the injuries you have sustained because of a defective product.