Proving An Injury Was Due To A Product Defect

Are we liable for the e-waste that ends up in landfill endangering children in foreign countries?

Most people have heard of medical malpractice, but most individuals haven’t even heard of product liability. Just like a doctor can cause bodily harm products, like plastics, can injury you are well. Despite this fact, thousands of residents and citizens alike are injured every year by dangerous or defective consumer products. However, injury alone does not mean that the manufacturer is legally responsible. Product liability cases can get extremely complicated and navigating the law is murky at best. The first and most important thing that you are going to have to do in order to ensure the success of your case proves that the product actually caused you harm. This will prove that the manufacturer is legally liable for a defective product. Of course, this is much harder said than done and will probably require the assistance of a professional product liability attorney.

Understanding Strict Liability

In order to get ahead in a product liability case, you really need to understand every type of liability claim that is available. First is the strict liability claim and this basically refers to a case where the manufacturer is responsible for releasing a defective product onto the market regardless of negligence or intent. In this situation, this means that the victim or injured parties do not need to prove that the manufacturer did anything wrong. The main focus of the case will be whether or not the product was in an unsafe condition when it left the manufacturer’s control.

Understanding Negligence Claims

A negligence claim is something different altogether. These are the cases when you will need the experience and expertise of a qualified injury lawyer because they will most likely go into litigation. Negligence claims can revolve around a number of things. For instance, it could mean that the manufacturer knowingly used defective or inadequate materials. It could also mean that the design of the product was knowingly defective or inadequate. You can also make a negligence claim in the event that the manufacturer didn’t include proper instructions or warnings that led to injuries. However, in these cases in order to collect compensation for the injuries, you will have to prove four things. You will have to prove that the manufacturer owes you a legal duty, that the manufacturer breached their duty by action or inaction, and you will have to prove that you sustained actual injuries as a result of using this product.

Understanding Breach Of Warranty Claims

As a consumer, you probably know that many products come with warranties. In fact, this is probably one of the things that you consider most when you buy a product. This warranty will guarantee the quality of the product and its parts for a certain time period. This is simply referred to as express warranty and under this warranty, the consumer may seek damages in the event of a breach of this warranty. If the manufacturer does not stand behind the guarantee, you can seek damages. There is also an implied warranty and this means that the consumer can seek damages if the product does not do what it is expected without causing injuries.

 

 

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