If you recently used a product that you believe malfunctioned because it was defective, and you received an injury or illness, you might be able to sue for damages. This is called a defective product liability claim. In terms of personal injury lawsuits, this is one of the more difficult ones to prove, but not impossible. It is important that you gather the right evidence, take time in filing your claim, and get legal help from a team like Randall A. Wolff & Associates, Ltd. Here are some tips for proving you were injured by a defective product.
What You Need to Prove
The first thing you should know about defective productive claims is that there are certain things you must be able to prove. Otherwise, your claim will be denied and an appeal is unlikely. The exact specifics of what you need to prove can vary based on where you live, but essentially you need to prove the following:
- That the product is defective in some way
- That you received an injury
- That those injuries were a direct result of using the product
- That you were using the product correctly and as intended
It is important to prove all of these in order to win your claim against a defective product.
Proving Your Injury Was Caused by the Defective Product
In order to win a personal injury claim against a defective product, you have to prove not only that you were injured or suffered a loss, but that it was the direct result of the product you were using. Just because you got injured around the same time as you used a certain product, doesn't necessarily mean it was from that product, or that you can claim it was.
For example, say that you purchased a new rug for your entryway, and shortly afterward it started raining close to your home. You may walk in your home and slip after stepping on that rug. Can you prove that you slipped due to the lack of traction on the bottom of the rug, or was it because of the rain? If you can't provide absolute proof it was only because of the defective rug, then you might not have a case.
Gathering Proof of Your Injuries
After you get injured, you should seek medical care immediately. Not only is this important to assess any injuries you have sustained, but also for a paper trail of the medical care you needed. Save all documentation and receipts from these visits, including co-pays and deductibles you had to pay, documents given to you by the triage nurse, and any medications or treatments you needed as a result of the injury.
Proving the Product Was Defective
One of the more difficult parts of this type of case is proving that the product was defective and responsible for your injuries. The difficulty will come down to the type of product and exactly how it is defective. In the case of the rug, it should be easy enough to show that the back side has no rubber mat or anything to keep it from slipping and sliding around on your floor.
However, in this instance, there comes the issue of whether or not that was a requirement of the product. If the packaging claimed to have non-slip properties, you may have a claim. If not, it will just come down to it being an unfortunate accident.
Talk to a lawyer about your case and explain exactly how the defective product failed and what happened as a result. They will be able to help you prove that the product was defective and that it was the manufacturer's or designer's fault.Share