Every person has the right to claim compensation for injuries caused by an entity or another person. However, not all cases can be simple and easy to justify. Personal injury brought by a defective product, for instance, can be a tough case as there are various grounds in proving the product liability claim. If you are thinking about filing your case, we strongly advise you to take a good look at your claim before crossing the t’s and dotting the i’s.
Below are the four main factors that will help determine the strength of your case.
You Have Suffered an Injury
Remember, the first thing you will present to the authorities is the damage done by the product. There is a huge difference between getting injured and getting almost injured. For instance, a faulty phone charger exploded just as you plugged it in. Fortunately, you were able to jump away and avoid any injury and none of your things were broken. In this case, the scenario was scary and you could have been injured, but you weren’t so it is unlikely that you will be able to charge the manufacturer. It is vital to show evidence of any harm or monetary loss on your part.
The Product is Actually Defective
You need to prove that any of these three kinds of defects were present:
- Manufacturing Defect — any problem in the material of the product when it was made
- Design Defect — generally harder to prove, the plaintiff needs to show how the design or placement of the product can be unreasonably dangerous
- Marketing Defect — failure to provide enough warning that the product can be hazardous or contains materials potentially dangerous to one’s wellbeing
Product’s Defectiveness is the Direct Cause of the Injury.
Once the defect has been proven, your next task is to show that your injury was indeed caused by it. This can be pretty straightforward as it can be a simple show of cause and effect. However, be careful that the defense may argue that your injury can be caused by a different circumstance.
Product was Used Properly and For Its Purpose.
This is another tricky part of your claim. Most products have certain instructions or user manuals found in the box or placed separately. You will definitely be asked numerous times about how you used the product. It is important here that you make it clear that you used it in the way how the manufacturers intended it to be used. Otherwise, they might say that you were negligent on your part as a consumer.
Learn more about various causes of personal injury and how you can make your claim through this blog. For a highly reputable name in legal guidance, Mike Warner of the Warner Law Firm of Amarillo Texas is here to help. Call us now and schedule a free consultation. Thank you.