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As a consumer, you trust that the manufacturers of the products you buy are taking the proper steps to keep you safe. But when you’re injured because of a malfunction or improper warning, you could be eligible for compensation. Product liability cases can be complicated, but working with an attorney can help you determine if you have a case or not. If a product you purchased was defective and caused injury, you have the right to seek compensation.
When determining if you qualify for product liability compensation, there are two main factors you need to consider.
Product Use
Even if a product is defective, you can’t seek compensation if you weren’t using it for its intended purpose. For example, if you sit down in a chair and it breaks, you qualify for a product liability case. If, however, you were standing on the chair to reach a high shelf and it broke, you would not qualify. When submitting a claim for a faulty product, you’ll have to explain the events leading up to the accident. In some cases, you may need to provide proof through witness testimony, photos, or video that you were using the product for its intended purpose.
Cause of Accident
There are many different ways you can hurt yourself using everyday items. But just because you suffered an injury, that doesn’t mean you qualify for a product liability case. In order to make a successful claim, you need to prove one of the following three situations.
The Product Lacked a Fair Warning
Some products are naturally dangerous. And while those dangers may seem obvious, it’s the job of the manufacturer to give fair and proper warning about those dangers. Failure to provide warning about the dangers of a blade attached to objects like a table saw, and the necessity for users to keep clear during use, can lead to liability for any injuries the blade causes.
The Product’s Design Was Faulty
For some products that are naturally dangerous, there are ways to prevent accidents from occurring. However, certain design flaws can lead to avoidable harm. For example, if a coffee cup with scalding hot coffee has a lid that doesn’t fit properly on the cup, someone could burn themselves if the liquid spills out. A manufacturer’s job is to make sure their products are safe for use with reasonably protective designs.
The Product Malfunctioned
Even if a product has all the warnings and safety measures in place, malfunctions can still cause serious accidents. Most issues with malfunctions are discovered when testing a product before it hits the shelves. But if one gets through, it can cause injury when using the product. If this happens, the manufacturer would be liable for those injuries.
Do You Need a Product Injury Lawyer?
If you or someone you know sustained injuries due to a faulty product, you could be eligible for product liability compensation. Call Attorney Vickery today at (903) 504-5490 or send an email to ron@vickerylawfirm.com to schedule a consultation about your case.
