If you have been injured or suffered other damages because of a product you used, you may have a product liability claim. Though the range of defective product cases is broad, they usually fall into three categories: defective design, defective manufacture, or lack of adequate warnings or instructions. Understanding these categories will help you to determine whether you have a valid claim, as well as the strategy to use in presenting your case. With that in mind, here are some important questions to consider:
Anyone who has suffered an injury caused by a dangerous or defective product knows that it can be a traumatic experience. Whether the injury was caused by a design defect, improper instruction as to use, or a defect that occurred during manufacture, you have the right to take legal action against the responsible party. Responsible parties can include private citizens, stores, manufacturers, insurance companies, large corporations, and government agencies.
In product injury cases, the primary theories for recovery are negligence, tortious misrepresentation, breach of warranty, and strict liability in tort. To succeed on a negligence claim, you must prove each of the following:
You have a claim for tortious misrepresentation if you were harmed when you relied on false or misleading information conveyed to you by the manufacturer of a product.
If you were harmed by a product that was covered by a warranty, you may have a claim for breach of warranty. Warranties are a type of guarantee that a seller gives regarding the quality of a product and can be express or implied.
A case based on strict liability allows a person injured by a defective or unexpectedly dangerous product to recover compensation from the manufacturer or seller of the product, without showing that either one was actually negligent. An experienced attorney can help you determine which type of suit is most appropriate for you, based on the specific facts of your case.
A crucial aspect of evaluating a products liability claim is determining what types and amounts of damages you have suffered, if any. It's important to estimate your damages in advance. If you have only minor injuries or minimal financial losses, it may not make sense to spend the time and energy to pursue your claim. Also, attorneys may be less inclined to represent you because it needs to make business sense for them to do so.
After any situation involving a dangerous or defective product, you should speak with an experienced attorney who will evaluate your case to ensure that your legal rights are fully assessed and protected. An attorney can explain what you can expect at every step of your personal injury case, and will take action on your behalf -- researching the law, interviewing witnesses, collecting records, conferring with expert consultants, planning legal strategy, and negotiating with insurers and opposing counsel -- all with an eye toward strengthening your position and ensuring your fair recovery.
If you are looking for skilled legal help for your potential dangerous or defective product case, use the FindLaw Lawyer Directory to find a Products Liability law firm or attorney near you.
