Tort law is a type of litigation that arises when you are hurt or otherwise suffer damage due to the fault of another person, company, or another party. Product liability is an area of tort law that has always played a huge part in civil cases that are tried in court or settled each year.
It is important to understand your legal rights if you think that you have a product liability case on your hands. You need to be able to prove that the product was defective and that you suffered damages as a result. There are a number of details at play when pursuing a defective product lawsuit.
What should you know about defective products? Consider the tips below so you can figure out if you have a lawsuit that is worth considering.
You Need to Prove That You Suffered Damages in the Case
First and foremost, it is critical that you can prove damages due to the defective product. Damages run the gamut, but involve some form of danger or injury.
For instance, you might be driving a car that has a defective part, which leads to an automobile accident that results in injuries, property damage, or even death. You might have eaten at a restaurant that served contaminated food that got you hill. Perhaps you used a beauty or health care product that also creates harmful circumstances.
You need to be able to prove that damage has occurred and that the results are directly tied to the defective product.
You Must Prove That the Manufacturer Breached Their Responsibility
Anytime you use a product there is a certain measure of risk that comes with the territory. Not every injury or damage that occurs when using a product constitutes a lawsuit. You should prove that the manufacturer was negligent in creating the product and that they breached their responsibility to their consumer.
This might happen because the product was designed poorly, or they did not properly warn consumers about the risks of using the product. Manufacturers are held to strict standards of liability whenever they introduce their products to the market.
When they are negligent in taking care of the customer and release a dangerous product to the market, it is important that you seek legal recourse for your damages.
Get the Legal Assistance That You Need From a Professional
The main way to understand whether you have a product liability case on your hands is by consulting with an attorney. Your lawyer will let you know if your incident meets the burden of proof required to be taken seriously in court. During the consultation, you will explain everything that happened and should bring the product with you and any other proof that you have.
From here, the lawyer will run tests and further help you piece together the evidence that you need in a court judgment or a settlement. They will charge you a contingency fee for their services, which will be taken at the end of the case once you finally get paid.
The sooner you reach out to a personal injury attorney, the more likely you are to hit the statute of limitations and get the professional service that you need when pushing a case to court.
Know Your Rights When You Use Defective Products
Just because you have used defective products that cause harm doesn’t mean that you need to take it lying down. A lawyer will gladly help you out with your civil case so that you can get the end result that fixes the situation.
Take your time and begin researching the law and working to hire the best attorney for this product liability case. In the meantime, check out more of our content to learn about several different areas of law.