Being harmed by a product that was purchased for use or consumption is always frustrating for the consumer. If the harm was serious, many consumers want to know if there are any legal actions that they can take to recover damages.
To instigate a successful product liability case the personal injury attorney representing the injured party should be able to prove the following four facts:
• An Injury Occurred That Caused Losses. The injury that was received must have caused the victim some losses that were the direct result of them using the product.
• The Product Was Defective. The injured party must be able to prove that there was a defect in manufacturing, design or the warnings or instructions on how to use the product that led to the injury.
• The Defect Was The Actual And Proximate Cause Of The Injury. The defect discovered must be the actual cause of the injury. It must also be the proximate cause.
• The Product Was Being Used For Its Intended Purpose. You must have been using the product for its intended purpose, according to instructions, when the accident occurred.
With mainstream products that cause harm, it may be difficult to prove liability. Generally, a mass-produced product with widespread market use will have had any issues shaken out of it, so the product designers or manufacturers will generally default to the stance where the injured party was misusing the product or not following its operating instructions. Of course, this is not always the case. Recent high-profile product liability cases involving products in widespread circulation include the Hernia Mesh class-action lawsuit, and there are many others.
Product liability lawyers have the knowledge and experience necessary to determine if an action can be taken then to pursue the action through the legal system when necessary. So if you have been harmed by any product, it is important to speak with an attorney ASAP concerning your rights to seek compensation. Your injury has caused you pain and suffering and has hindered you financially so you may have a right to claim compensation for the injury.
Your personal injury attorney will look over the information regarding your case and make the necessary inquiries into the product’s manufacturing, design, instructions, and intended use. This will allow an experienced lawyer to discover if there are flaws in any of these areas and if those flaws were the cause of your injury.
Your attorney may even discover that the product that injured you is already part of a larger lawsuit. Defective products can quickly injure many people when they first emerge on the market. If there are multiple lawsuits filed against the company due to these injuries, the court system often combines these cases into a Class Action Lawsuit. If your case has the potential to become part of a class-action suit, your attorney will make recommendations based on the specifics of your case and may recommend that you join the class action suit or continue pursuing compensation on your own.
Businesses have a responsibility to make their products safe for the consumer. If they fail to uphold this duty, it is the right of the injured party to seek compensation for their losses. If you have been injured by a defective product, speak to an attorney today.