According to recent statistics, plaintiffs won approximately 50% of all personal injury law cases that proceeded to trial. Of which, an average of $748,000 have been awarded for product liability cases. If you have suffered from an injury or other types of damages as a result of a using a particular product, you may have a defective product liability claim on your hands. Speak with a personal injury lawyer to determine whether you have sufficient evidence to prove your case, and to determine the amount of compensation that you should sue for. Keep in mind that 94 to 95% of all personal injury cases are settled pre-trial. To prove a defective product liability claim, you will need to prove the 3 following things.
An Injury or a Loss Was Sustained
While there could have been a lot of horrible things that could have almost happened to you, the truth of the matter is that you can only file a defective product liability claim if you have suffered from an actual injury or a monetary loss. You will need to get a thorough medical examination from a physician. The medical report should state where the injury was sustained, the severity of the injury, and also some correlation regarding how the product caused you to sustain the injury.
The Product Is Defective
Upon proving that you have been wronged by the product, you will also need to prove in court how the product is defective. This can be a difficult feat. There are different types of defective product liability claims, and your personal injury attorney will need to take the information that you have supplied them to determine which type of claim should be filed. The different types of claims include:
- manufacturing errors. This is when the flaw of the product is due to manufacturing errors. In short, the product was not manufactured properly to begin with.
- defective design. Proving a defective design can be difficult, and your personal injury lawyer will need to prove that the product was used in the manner that it was supposed to, but the underlying problem lies in the design. The court will consider whether the design was implemented to avoid injuries that would be even more severe. For example, while air bags in your car can cause severe injury, they also prevent injuries that are even more severe from happening.
- failure to provide a warning. If there is a dangerous quality or property associated with the product that may not be obvious to the ordinary consumer, manufacturers are obligated to provide a warning.
To prove that the product is defective, the personal injury lawyer will also need to prove that you were using the product as it was intended to be used.
Correlation Between Your Injury and the Defective Nature of the Product
Last but not least, you will need to correlate how your injury is a result of the defective nature of the product. In short, it is not enough to argue that you were injured while using a product that is defective. You need to demonstrate that the defective product directly causes your injuries. Keep in mind that the manufacturer will likely try to find evidence that there is no or only a minor correlation between your injury and the defective nature of the product. The manufacturer may blame it on the fact that you were also negligent in your responsibilities.
Proving a defective product liability case can be difficult. You do not want to risk the outcome of the case by attempting to file a claim without professional assistance. A personal injury lawyer can help you assess whether you have sufficient evidence to prove your claims, determine the amount of compensation that you deserve, and also negotiate with the opposing party, so that the case can be settled pre-trial.