Product liability generally refers to the responsibility of one or more parties for products that are dangerous, defective in some way, and have caused harm to an individual. Product liability law is the set of rules that determine who is responsible for what and how a case will be handled.
With more than three decades of experience handling product liability cases, the attorneys of Plaxen & Adler in Columbia, MD, share the specific elements of a product liability case.
Burden Of Proof
In most product liability cases, the burden of proof, or the responsibility to determine who was legally “at fault” for the harm caused by a product, ultimately falls on the defendant. Usually, this is the product’s manufacturer or seller. Your responsibility as the plaintiff is to present evidence of injury and proof that the product in question had a defect. It is then the defendant’s job to prove otherwise.
Documentation Of Injury
Once you contact a product liability attorney, he or she will start an investigation and help you gather proof of your injury to begin building your case. Proof can include medical documents, photos or videos taken of the injuries, statements from anyone who saw the injury take place, and other types of evidence.
Proof Of Defect
After you have collected evidence of injury, you need to establish what type of defect the product had. Defects are either inherent in the design, called design defects; manufacturing defects, which are flaws in one or more particular product units; or marketing defects. Marketing defects are also known as “failure to warn” and describe situations where a manufacturer or seller doesn’t adequately disclose warning information to users. A product must have at least one of these types of defects.
Once you’ve gathered the necessary evidence, your product liability attorney can help you through the rest of the process. For experienced, knowledgeable lawyers that can help you file your own product liability case, call Plaxen & Adler in Columbia, MD. Their team of attorneys are also well-versed in personal injury cases, workers compensation, slip and fall accidents, medical malpractice suits, and more. Call 334-671-3990 or visit their website today to learn more or schedule your initial consultation.