In case you have suffered an illness or an injury due to products that are defective, you should file a personal injury claim. The claim should be filed under the product liability statutes, which will enable you to recover damages (financial and non-financial) that occurred as a result of the injury. Product liability laws allow consumers to hold product vendors, manufacturers, and designers legally responsible for damages that may have occurred a result of use or exposure to the defective product.
Statutes often vary from one jurisdiction to another, but you will find that in many locations, products may include any item that has been designed, produced, or sold by a manufacturer. Such items include but are not limited to medicinal devices and instruments or consumables like food, medications, and automotive parts.
Claims associated with defective products fall into 3 main broad categories:
- Manufacturing defects
- Design defects
- Failure to warn the consumers
Each category then focuses on certain types of failure on the part of the product designer, distributor, or manufacturer.
How to File the Defective Product Personal Injury Claim
When it comes to personal injury claims, you are required to show that another party caused the injury. For defective product claims, you will be required to prove that the products do have defects. This means that you need to show that the designer, vendor, or manufacturer needed to take the following measures:
- Anticipated potential injury resulting from the use of that product
- Discontinued distribution or production of the product in question
- Warned its clientele regarding the potential harm that may arise due to use of this product
In the event that a warning had already been issued pertaining to the product in question, you should be able to prove that you followed the instructions in accordance with the warning but still sustained injuries. What this means is that you need to show that you are not at fault for your illness or injuries and that the liability solely lies with another party. Here are the common claims for defective products:
- Manufacturing Defects — In such a claim, the presence of a problem in the manufacturing process needs to be shown. It is the only way that you will be able to substantiate compensation claims. A problem can be present in the materials used, manufacturing equipment, or in the quality inspection processes in use.
- Design Defects — Here, your claim needs to show that a problem existed in the design of that product leading to your injuries. Lawsuits of this nature often argue that the manufacturer applied insufficient testing procedures before distributing the product.
- Failure to Warn — This kind of claim normally deals with warning and documentation labels that appear on the product. This implies that the product itself is not defective, but that the manufacturer’s communication process is insufficient. You also need to prove or show that you followed all the recommended procedures but still got injured.
Your Personal Injury Case for Defective Products
To determine the viability of the lawsuit, you will need to consult with a personal injury attorney. The attorney will review all the details pertaining to your case and then assist you in making a decision on whether filing the lawsuit will be in your best interests. Compensation amounts are often determined by the severity of your injuries. Fenimore Injury Law Firm based in Pensacola, Florida offers legal representation for any personal injury claim. Contact us today!