If you sustain serious injuries while using a defective product and want to file a lawsuit against the designer or manufacturer, a personal injury lawyer can help you determine if you have a valid claim. To file a successful product liability suit, you need to be able to prove that the defendant’s negligence is directly responsible for the damages you incurred. Below, the legal team at The Law Offices of Daniel L. Crandall & Associates in Roanoke, VA, explains the elements you need to build a strong product liability case.
What Constitutes a Product Liability Claim?
Manufacturing or Design Defects
The two main defects that can lead to a product liability claim are related to design and manufacturing. Products that are designed poorly are flawed from the start, so it is only a matter of time before a consumer suffers damages as a result of using it. Manufacturing defects, on the other hand, occur during the production process. These can be especially dangerous. For example, a swing set with a cracked beam can injure the children playing on it.
Although many product liability cases involve a physical defect, there are some that do not. For example, it is possible to have a valid claim after using a product that works and was made correctly if the item’s packaging did not contain adequate warnings or instructions regarding its intended use. This is known as a failure to warn or marketing defect.
To file a successful claim, you need to prove that the product’s defects or inadequate instructions were directly responsible for your injuries. Possible recoverable damages include medical bills, lost wages, rehabilitation costs, and pain and suffering. In the past, plaintiffs had to purchase the product in question to qualify for a liability suit; however, that requirement no longer exists, and anyone using the product is eligible to file a claim.
If you or a loved one was hurt when using a defective product and you want to file a claim, turn to the compassionate team at The Law Offices of Daniel L. Crandall & Associates. This personal injury team helps accident victims secure the compensation they deserve. Visit their website to learn more about your rights in a product liability case. To schedule a free initial consultation, call (540) 342-2000.