Defective product injuries can be hard to prove compared to other types of cases, but that doesn’t mean you should give up. Laws have been enacted to make sure that companies are more liable than ever, and if you feel like you might have a case, you should seek assistance immediately. Acting fast and getting professional help at the very beginning will be essential to build your case. You should also know what the procedure is like so you’ll be better prepared and not have false expectations. Here’s how you can sue a company for a defective product.
Know what Makes a Valid Claim
Just getting injured after using a product is not enough to file a claim. The first thing you have to establish is that you have suffered damages. Defective product accidents can result in both economic and non-economic damages, though not all states treat both kinds the same. Some will have a cap on both types of damages, while others will have a cap on either one.
Other Factors to Consider
There are other things that you will have to be able to prove. In addition to suffering damages, you will have to show that the product was defective or dangerous. This can take many forms. It might be because of a faulty part or because the product was poorly assembled. It can also be because some parts were dangerous. Even failure to provide safety instructions or warnings could give you grounds to sue.
Another important element is that you have to have been using the product in the way it was intended. A simple example would be someone getting electrocuted after using a hairdryer in their bathtub. This case would instantly get thrown out, as it should. On the other hand, if it can be found that you were using the hairdryer in your bathroom away from any water source, you might have a case.
How to File a Claim
Once you have established that you have a claim, you should gather as much evidence as possible. This can be pretty straightforward in some cases, but very difficult in others. In the case of a physical product that you have under your control, all you have to do is keep it in the same condition and show it to the court.
It’s also good to bring supporting evidence if you can. If you were injured while using a faulty can opener, for instance, you should not only preserve the can opener, but any clothes you were wearing if they’re stained with blood. You could even bring the can you were trying to open.
Working with a skilled lawyer will be essential in any case, especially if you’re dealing with products that are not in your control, like someone else’s car, or where products are destroyed before evidence can be gathered, like prescription medication, for instance.
You are within your rights to sue any manufacturer if you have been injured by a defective product. It all starts by working with the right people and building as strong a case as possible.