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Corporations and manufacturers strive their best to provide high-quality goods; however, some consumers may be harmed accidentally by defective products. If you’ve been injured by an item you’ve purchased, use the guide below to find out what the next steps are.

4 FAQ About Product Liability

What constitutes product liability?

If you were hurt while using an item, you don’t automatically have grounds for a claim. To proceed with a product liability case, you must be able to prove that the item was defective or dangerous. There are three primary defects recognized under product liability law: design, manufacturing, and marketing defects.

When should I file a lawsuit?

defective productIf you were harmed by a defective product, it’s wise to seek legal counsel immediately. If the liable party refuses to offer a fair settlement, you’ll have to file a formal lawsuit. In Hawaii, you must file personal injury lawsuits in two years. If you go to court after this deadline, the judge may dismiss the case.

How can I prove liability for a defective product?

An attorney can help you gather the evidence needed to bring a strong claim against the opposing party. If possible, save the product since it may serve as the most valuable piece of evidence. Your legal team may also use eyewitness testimony, design blueprints, the manufacturer’s standard operating procedures, and the item’s original packaging to prove liability.

Who can be named in a liability claim?

The party you name in a claim will depend on the type of defect responsible for your injuries. For example, if the product’s design was flawed, you may bring a claim against the engineer. If there was a production mistake, you might seek compensation from the manufacturer.  If the item lacked adequate safety warnings or instructions, the marketing agency that designed the packaging may be liable.

 

If you were hurt by a defective product, turn to Charles H. Brower and Associates, A Law Corporation, in Honolulu, HI. This firm has helped clients across Oahu get fair compensation for over 40 years, and the team isn’t afraid to take on established corporations and manufacturers. To get more information about their services, visit the website or call (808) 526-2688.

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