Manufacturers are required to ensure that all their products are safe to use before bringing them to market. If defects in either the design or build quality of a product cause an accident in which someone is injured, a personal injury claim may let you collect compensation for your medical expenses, emotional trauma, and lost wages. However, filing a defective claim is often complex, requiring ample documentation and the expertise of an experienced attorney.

4 Elements of a Successful Defective Product Claim

1. Proof of an Injury

Medical expenses are the foundation of any personal injury claim, so you will first have to prove that an injury occurred. When reviewing the claim, your attorney will need to see the medical records, with contemporaneous notes from the doctor describing the source and extent of your injuries.

2. Evidence the Product Is Defective

Some defects are related to the design of the product, which may be missing key safety features or have sharp edges that can injure users. However, other defects can be introduced by manufacturers attempting to save money in the production process.

3. Demonstrate a Link Between the Injury & the Defect

To file a personal injury claim, you will also have to show that the injuries you sustained were caused by the defective product. Your medical records can be valuable resources for establishing this link, as well as interviews with witnesses to the accident.

4. Proof the Product Was Used Correctly

In general, manufacturers aren’t responsible for injuries caused by unsafe or improper usage of their products. To succeed in a personal injury claim, you’ll have to show that you were using the defective product correctly and for its intended purpose.

If you or a family member has been injured by a defective product of any kind, the personal injury attorneys at Neimark & Neimark will fight for your rights and ensure the liable parties are held responsible. They have over 40 years’ experience representing victims throughout New York’s Orange and Rockland counties, offering exceptional customer service and around-the-clock availability. Visit their website for more information on their products liability services. Call (888) 725-7424 to schedule your free, no-obligation consultation.