Faulty or defective products can cause serious injuries and even death. Proving a product liability claim, however, can be tricky, and certain factors must generally be present for a case of this type to move forward. To help you build the strongest legal claim possible, below are three important things to know about proving a product liability claim.
What to Know About Proving a Product Liability Claim
1. There Must Be Tangible Loss or Injury
For a product liability claim to be successful, there must first be a tangible, quantifiable loss or injury. If you were almost injured, your claim is simply not going to hold the same weight as someone who was hurt by the product in question. Similarly, if you experienced a loss of property because of a product's defects, be ready to show the damage to the courts. For instance, if a faultily-designed lighting fixture crashes onto an antique table and destroys it, the table will be crucial evidence. In other words, have proof that an injury or loss occurred.
2. The Defect or Flaw Must Have Caused the Injury
You will be tasked with establishing a clear link between the product's defect or flaw and your injury. In general, this link should be as direct and unfettered as possible, with no other products or extenuating circumstances figuring in. Also, you must be able to show that you were using the product as directed when the injury/loss occurred; if you were misusing the item or not utilizing it for the intended purposes, your legal standing could be significantly weakened.
3. The Manufacturer Did Not Warn You
In many successful product liability cases, it is established that a manufacturer did not adequately warn consumers about the potential hazards of their product. A manufacturer is supposed to offer some type of sufficient warning regarding the ways one could potentially get hurt by the product in question. If you were not warned and an injury resulted, you could have a legal claim; even if there was a warning and you were injured, the notice may not have been sufficient enough, and you may still have a case against the manufacturer.
Our product liability, negligence, and wrongful death attorneys at M. Adam Jones & Associates, LLC, are here to help you mount a strong and compelling defective product case. We serve clients throughout the Dothan, Alabama, region. Call (334) 699-5599, visit our website, or find us on Facebook or Twitter to arrange a free case evaluation today.