As a consumer, you have the right to purchase a product and assume it will be safe to use. Designers, manufacturers, distributors, and retailers all have a legal responsibility to ensure the products they make available to the public aren’t dangerous when used correctly. Unfortunately, hazardous and faulty items still end up on the market, and numerous people are seriously injured every year as a result. When this happens, victims have the right to seek compensation. However, defective liability claims are complex, and therefore, best handled by a skilled injury lawyer. Here’s an overview of how these cases work.

What to Know Before Filing a Defective Product Liability Claim 

What Are the Types of Defective Claims?

There are several ways peoples suffer harm due to a defective product, but injury lawyers generally file claims in one of three categories – defective manufacturing, defective design, and failure to provide adequate instruction or warning.

A defect in manufacturing takes place when there was a problem with how the product is made. A flaw in the design itself means the entire product line is dangerous, even when manufactured properly.

Manufacturers also must include instructions or warnings with their products so consumers are aware when extra precaution should be taken. Failing to do so may lead to a defective claim in the event of an injury.

How Can You Prove a Defective Claim? 

To successfully bring a defective product liability claim, you must prove the defendant’s negligence. First, the plaintiff’s injury lawyer must demonstrate a loss occurred. Almost being injured isn’t enough to warrant compensation.

Then, it will need to be established that the product was defective by design, an error in manufacturing, or a failure to warn. The next step is providing evidence that the defect was the direct cause of the victim’s injury. Finally, there has to be verification that the product was used as intended and wasn’t dangerously altered in any way.

What Damages Are Recoverable? 

Most victims of defective product injuries are awarded compensatory damages. This covers economic and non-economic losses incurred because of the dangerous product.

Economic damages often include medical expenses, lost income, destruction of property, and costs associated with having to make lifestyle changes to accommodate a disability. Non-economic damages refer to pain and suffering, permanent disfigurement, and negative impacts on your relationships.

If you’ve been harmed by a defective product, reach out to The Finkelstein Law Firm to explore your legal options. Their team of qualified injury lawyers will help determine if you have a valid claim and guide you through the process of pursuing maximum compensation. For more than 20 years, the firm has fought to protect the rights of injured consumers across Orange County, NY. Call (845) 294-9003 to schedule a consultation, or visit them online to learn more about their services.