Anyone injured or otherwise harmed by a defective product must take legal action quickly to ensure a full recovery of the damages, both financially and physical, caused by the negligence or harmful actions of individuals or commercial entities responsible for producing and distributing the defective product.
Product liability claims, as defective product claims are known, are complicated lawsuits necessitating the expertise of a professional product liability and personal injury lawyer, but becoming aware of all pertinent and important information about defective product injuries is also essential for anyone involved in a product liability lawsuit.
Product liability lawyers will require some information and material objects in order to precede with the claim including: the defective products, photographic documentation of the injury and the product, receipts and dates of purchase of the defective product, any instruction manuals or safety booklets that came with the product, all medical records supporting the claims of injuries, all documentation supporting the claims of lost wages, and any records that document property damage caused by the defective product.
A defective product can be defined as such if there is an inherent and dangerous defect in the engineering and design of the product, if the product was poorly manufactured or manufactured with low-quality materials leading to the dangerous defect, or if there were not adequate instructions or warnings regarding hazards or dangers associated with the product.
All of the defects listed above point liability directly to one part of the chain of manufacturing and distribution. However, some states comply with what is known as “strict liability”, similar to no-fault insurance claims in car insurance. In states with strict liability laws, it does not matter whose fault the dangerous product was, but rather if there was a documented causal relationship between the defective product and the injury sustained.
In states that do not fall under strict liability, comparative fault may be applied to determine damages. In comparative fault the victim or injured party is scrutinized to determine whether or not they exercised reasonable caution and care in the use of the injurious product. If comparative fault is determined, it will limit the amount of monetary compensation the victim of an injury from a defective product may receive.
Victims of defective product injuries may file their case against the designer, manufacturer, wholesaler, distributor or repair person of the product if their negligence can be legally proven to be the cause of the defect that resulted in injury and receive compensation for medical and financial losses and emotional and physical suffering caused by the product. To ensure the maximum compensation, it is always best to employ a competent personal injury lawyer.