Every day, numerous people suffer severe injuries from trusted products. You can buy food at a restaurant and become ill from food poisoning. Or, you can fall off a ladder that collapsed due to a manufacturing defect. Any product you use in your daily life can have problems, and the one commonality between all defective products is that you can hold one or more companies liable for the injuries you have suffered.
Product liability law allows you to hold anyone involved in the making or selling of a product legally responsible for your injuries, whether it is a manufacturer, retailer, or wholesaler. All you need to do is contact a product liability attorney who will work to build your case. Before receiving payment for your injuries, you must prove you have a valid claim. To do so, you need to meet all the elements of the individual claim you have filed. There may be multiple pathways to compensation for your injuries, and you will only have to meet the elements for one of them to qualify for money for your injuries.
If you have not already done so, now is the time to reach out to a product liability attorney to schedule a free initial consultation to discuss your case. A skilled attorney will understand the elements required to build a strong case, work diligently to protect your rights and pursue the compensation you deserve. Along the way, you can expect a complicated legal battle, but one that you must fight if you want to receive compensation for your injuries.
You Must Prove Every Single Element to Win Your Case
If there are elements to a product liability lawsuit, you have the legal obligation to prove every single one to win your case. Since a product liability case is the same as any other personal injury claim, you must prove your case by a preponderance of the evidence. This standard of proof is that the facts that you allege are more likely than not to be true.
In general, you must meet the following elements to win a product liability case:
- The product was defective (although you do not always have to meet this element if you claim the defendant was negligent in your case).
- The product was the direct cause of your injury.
- You gave the merchant notice that the product was defective.
In addition, you also have to meet the requirements for filing your product liability lawsuit before the statute of limitations expires. Sometimes, you may not know when you suffered an injury from a defective product. Although there are some built-in protections in the law, such as the discovery rule, the defendant may still try to have the court dismiss your case because you did not file it in time. In those cases, whether your lawsuit survives depends on what you should have known about your injuries. Your time clock should begin at the time you learn the product was defective.
How to Prove the Elements of Your Product Liability Case
Your product liability attorney will likely work with expert witnesses to prove the facts of your case. Often, a product liability lawsuit comes down to a “battle of the experts” between you and the defendant. Your expert witness will use scientific principles to bolster your case, and the defendant will try to argue that your expert witness is not qualified to testify through a Daubert hearing.
Product liability lawsuits are often complex because they are highly science-intensive. The flip side is that you may have the legal right to a substantial amount of money because you are taking on a large business with deep pockets. Regardless, you will not owe your product liability attorney any money if you lose your case, so it is more than worth your while if a defective product has harmed you.
Winning Your Legal Case By Proving an Actual Defect in the Product
The first thing that your product liability lawyer will attempt to show is that what you purchased was defective. If you can prove an actual defect, you will be in a strong legal position because the defendant is strictly liable for your injuries. Three types of product defects can make the defendant strictly liable, and your attorney will include as many of them as apply to your case. It is not uncommon for product liability lawsuits to include each of these three grounds.
The three types of product defects are as follows:
- Design defects: The product’s design is unreasonably dangerous for its intended use. Some states require you to show that there was a reasonably safer alternative design. A classic example of a design defect is when Ford placed the fuel tank in a hazardous location in its Pinto vehicle, causing the car to burst into flames when a vehicle hit it from behind.
- Manufacturing defects: The design was perfectly safe, but something in the manufacturing process made the product unreasonably dangerous. A recent lawsuit describes contaminants entering a popular blood pressure drug when a foreign factory made it.
- Marketing defects: These cases often involve the seller’s failure to warn you of product defects they knew or should have known about. Continuing to sell a product without putting a warning on the label is a classic example of a marketing defect.
There Are Still Legal Defenses Even When the Defendant Is Strictly Liable
Although showing that the defendant is strictly liable gives you a considerable leg up in your product liability case, it is far from the end of the story. Strict liability means the defendant must pay you unless they can assert several defenses that throw the ball back into your court. In many cases, the defendant may claim that you misused the product or were not using it for its intended purpose. The responsible party may also assert certain affirmative defenses, such as the statute of limitations. You may then need to show why you still deserve financial compensation, even though you have already proven that the product was defective.
It is always better to prove a product is defective because it puts you in a stronger legal position. If your case were to go to a jury and you win, it is always possible that the defendant will have to pay you a considerable amount in punitive damages. Product liability lawsuits often result in multimillion-dollar awards because a jury decides to punish the defendant and send a strong message to them. In some cases, a product liability attorney can uncover evidence that shows that the defendant knew of the defect yet took steps to hide it while continuing to sell the product.
Proving Negligence in a Product Liability Case
Even if you cannot prove the product was defective, there may still be ways to receive compensation for your injuries. A product liability attorney will bring several claims simultaneously, giving you legal options if the jury rules against you on the grounds of strict liability. You can still show that the defendant is liable by proving they engaged in other wrongdoing.
You will almost always allege that the defendant was negligent in your case. Negligence does not just apply to car accidents and slip and fall injuries; the duty of care exists in several settings when someone else owes it to you. Those who design, manufacture, market, or sell a product owe you the duty of care. Your product liability lawyer will likely include a count of negligence in your legal complaint. Not only is it an independent ground that entitles you to compensation, but it may also be a fallback if you cannot prove one of the three defects listed above.
The Elements of a Product Liability Negligence Case
Generally, the elements of negligence are as follows:
- The other party owed you a duty of care.
- They failed to uphold their duty of care because they did something unreasonable under the circumstances.
- You suffered an injury.
- The other party’s actions were the cause of your injuries.
Some examples of negligence in a product liability lawsuit may include:
- The defendant was careless in overseeing the manufacturing process.
- The defendant should have tried to learn that the product was defective before they continued selling it without a warning label.
- The defendant was negligent in the design of the product.
Product Liability Claims for Breaches of Warranties
There are other grounds that your product liability may also include in your case to get you the best possible chance of winning. When a manufacturer or seller markets a product, they make certain warranties to you, implied or explicit. You can always sue for breach of warranty and will not have to prove fault. Examples of breach of warranty claims include:
- Implied warranty of merchantability, which only merchants can give
- Implied warranty of fitness for a particular purpose
- Implied warranty of title
Why You Need a Product Liability Lawyer for Your Case
Product liability lawsuits are very hard-fought cases. Defendants have hired the best defense attorneys they can find because they know the stakes of your case. Chances are that many people have suffered an injury by the same product that injured you. Product liability settlement verdicts can be substantial, as are global settlements of large-scale cases when there are many plaintiffs. Defendants will stop at nothing to try to defeat your case, including challenging your expert witnesses and trying to find any grounds to have the court dismiss your case.
Further, product liability lawsuits often involve large amounts of evidence. There will be a contentious discovery process, where your product liability lawyer has requested evidence from the defendant. Essentially, you are trying to gather proof to show what went into the design and manufacture of the process. You may also be trying to learn what the defendant knew or should have known about potential defects. The discovery process alone, and the motions in court that go along with it, can take upwards of a year from start to finish. Your product liability attorney is likely working with a large team to request and process all the gathered evidence.
A Product Liability Lawyer Can Estimate Your Damages
Oftentimes, you have suffered serious injuries from a defective product. There are even cases when your loved one may have died from the product. The size of your settlement or award can be significant, and you need to know how much to seek in your case. The money that you get will depend on the severity of your injuries.
Your product liability compensation may include the following:
- Medical expenses
- Lost earnings
- Emotional distress
- Embarrassment and humiliation
- Loss of enjoyment of life
- Scarring and disfigurement
The defendant may try to settle your case at some point in the proceedings and may have a global settlement fund to pay all of the plaintiffs in your case. You may need to file your own claim against the fund that reflects your particular injuries (if you were not part of a class action case). Your product liability lawyer can negotiate your compensation through the settlement fund or directly with the defendant.
It Costs You Nothing Upfront to Hire a Product Liability Attorney
Product liability lawyers typically work on a contingency fee basis, which means they only get paid if they successfully recover compensation for you. This arrangement allows you to pursue your claim without the added financial burden of attorney fees. These lawyers have the experience to handle the legal process and fight for your rights.
Hire a Product Liability Attorney Now
Hiring a product liability lawyer can level the playing field between you and the manufacturers or distributors of the defective product. They understand these companies’ tactics and strategies to protect their interests. With a lawyer by your side, you can have peace of mind knowing that they will protect your rights and that you have a knowledgeable advocate fighting for your best interests.
Product liability cases often involve large companies with extensive resources. Trying to fight them alone can put you at a significant disadvantage, and a lawyer will ensure that the opposing party does not take advantage of you. If a defective product has harmed you, it is important to seek the assistance of a qualified attorney. They have the knowledge, experience, and resources to handle product liability law. Your Booneville personal injury lawyer will fight for your rights and ensure you receive the compensation you deserve.
