No one plans on getting hurt when they use an everyday product, but it does happen. A defective product may look just like all others bearing its name and brand. Most manufacturers try to make their products as safe and reliable as they possibly can for consumer use. Unfortunately, sometimes malfunctioning products slip by and get sold to the public. Those in the public who suffer injuries when using these defective products may be eligible to file a product liability claim with a personal injury lawyer.
Read on and discover more about product liability, what you can do if you suffer injuries from one, and how a personal injury attorney can help.
What is Product Liability?
Product liability consists of retailers, manufacturers, wholesalers, and distributors’ legal responsibility for any damage their products may cause. Products can include such things as:
- Unsafe food
- Medical devices
- Prescription medications
- And more
If you have suffered injuries or harm from a defective product, you may be eligible for compensation by filing a class-action lawsuit. A class-action lawsuit helps both you and the multiple other people who have sustained similar harm caused by the defendant’s negligence or error.
Before you pursue your case, here is a list and description of the three types of defective products.
3 Types of Defective Products
This type of product defect results from the manufacturing process and affects only a few assembly-line products.
A product with design defects is innately dangerous because of its design alone. Defects in the core design might cause the product to fail and result in injuries.
Products such as prescription medications and cleaning chemicals may have inherent risk or deadly side effects. As a result, it is the manufacturer’s job to warn the public about these dangers, and failure to do so can result in liability.
But what do you do after you have suffered injuries or harm from a defective product?
Steps to Take if You Have Suffered Injuries from a Defective Product
After suffering injuries from a defective product, you should take the following steps.
- Take photographs of everything—the location of the incident, the product that caused the injury, etc.
- Seek medical attention. It is imperative to have medical records associated with the injury. Compile evidence of the incident and seek help to identify the type of defective product that caused your injury.
- Write down important details and your recollection of the situation before you forget. As you write down your recollection of the entire situation, include the activity that preceded the incident in question so that the defense cannot come back and claim your actions were the cause of the malfunctioning product.
- Get the contact details from any potential witnesses.
- Do not discuss the incident. Do not write anything on social media or share your experience with anyone—publicly or privately—as those you face in court can use anything you said or wrote against you.
- Keep the product as evidence. Do not discard or throw away the product. Having the actual, defective item can be essential in a product liability case.
- Consult with a personal injury attorney near Lawrenceville, Georgia. Discuss your case, ask your questions, and address your concerns is a crucial step after you have suffered injuries from a defective product.
How to Prove Liability in Defective Product Cases
Liability in defective product cases is based on strict liability, meaning that all the plaintiff needs to prove in a product liability claim includes:
- The defendant is the manufacturer of the defective product in question
- The item was defective at the moment it left the control of the manufacturer
- The defective product’s condition caused the plaintiff’s injury and subsequent suffering
Determination of fault does not play a role in this type of legal action the way it does with other types of tort claims. That is because, in strict liability action, all that a plaintiff needs to prove is that a tort took place, and the defendant was responsible.
If you need help deciding what legal action to take or have questions about the legal route you should go, contact the law office of John B. Jackson, a personal injury lawyer in Lawrenceville, GA. With a free consultation, you will have a better idea of where to go with the concerns you face and a better understanding of the case you have. Contact the law office of John B. Jackson today.