What do you need to prove for product liability?

Tags compensation, defect, intended use, manufacturing, negligence, personal injury, product liability, product liability claim, product liability lawyer, recall

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Have you ever bought a new product and used it, only to hurt yourself with it? If you use a product and sustain injuries as a result, you may have a product liability claim.

clients meeting with product liability lawyer

What is Product Liability?

A product liability claim is a claim (meaning a demand for compensation) against a company that manufactured a product that caused you harm or injury.

These injuries are not always obvious. Sometimes, products cause damage to your body over the long-term. This might be the case with some F-Factor diet products.

Sometimes products, especially medications, can cause adverse reactions in your body. In 2005, Pfizer had to recall its arthritis medication Brexta because it caused severe allergic reactions and heart risks in many users.

Product liability can be confusing, because you can’t always sue a company because you hurt yourself with their products.

As an example, you generally can’t sue a kitchen knife company for accidentally injuring yourself with their products – after all, knives are supposed to be sharp. When you buy a set of kitchen knives, there is an unspoken assumption that you will use those knives responsibly and safely.

At the same time, there is an unspoken assumption that the knife company manufactures knives that are well-made and safe to use. Let’s say you bought your set of kitchen knives, but on the first day you use them, the handle of one of the knives broke off while you were using it completely normally, causing you to cut yourself.

Well, if you can prove that the knives were made so poorly that they pose a risk to its users, you could earn a lot of money from a product liability claim.

a product liability claimant using a defective knife

4 Things You Need to Prove for a Product Liability Claim

There are many laws that pertain to product liability.

If you think you might have a product liability claim, you might want to learn about what you’ll need to prove in order for your case to be successful.

Generally, for a product liability case to be successful, the plaintiff (which would be you) must prove:

  1. The product caused you to be injured
  2. The product that injured you was defective
  3. The defect of the product is what caused your injury
  4. The product was being used the way it was intended to

This is why you could have a case in the knife example. The knife 1) caused your injury, 2) was defective or poorly manufactured, 3) hurt you because of that defect, and 4) you used the knife safely and correctly.

Sadly, real life isn’t so clear-cut. It might be difficult for you to prove all four of these things.

And even if it isn’t difficult to do this, the company you file a claim against (the defendant) will argue against you.

This is why you need an experienced product liability lawyer when filing a product liability claim.

The lawyers at Merson Law PLLC can help you with your claim. Contact our office today by filling out our contact form or by giving us a call at the number at the top of this page.

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