Did A Product Harm You? Here Are The Key Elements To Winning Your Case

5 August 2016 by Jonathan Phillips

According to the Consumer Product Safety Commission, in 2013, hospital emergency rooms across the United States saw approximately 256,700 toy-related injuries. In 2009, there were approximately 100 electrocutions associated with consumer products. If you have been injured as a result of product usage, there are some things that you will have to show proof of in order to successfully win your defective product liability case.

Types of Product Liability Claims

There are three main types of defects when it comes to products: design defects, manufacturing defects and warning defects.

Design Defects: Design defects are flaws that affect a line of products rather than a flaw in the manufacturing process.

Manufacturing Defects: Manufacturing defects are flaws when the product was made, such as an issue with the factory or person who made the product.

Warning Defects: Warning defects are flaws in the product packaging that is not obvious to consumers. An example of warning defects includes a hair straightener that doesn't have the warning stating you could be electrocuted if used in the bathtub or an allergy medication that doesn't have a warning that combining it with other medications could produce hazardous side effects.

Proving That You Were Injured

To win your case, you need to show a product-related injury actually occurred. For instance, you were using an electric kettle with a defect in its base causing it to explode. In this example, the electric kettle having a defect does not matter if you were able to get out of the way in time. If you, however, sustained burns from the hot water, you would have a case. The key thing to remember is it doesn't matter of a product is defective if it didn't actually cause you any harm.

Proving Product Was Defective

Once it has been established that you have been injured, the next step is to prove that the product was defective. Most of the time, it is fairly easy to show a product became defective during the manufacturing process. However, at times, proving a defective product design isn't so easy. Warning defects are normally the easiest to prove because the warnings are either there or they aren't.

Since the laws are different in every state when it comes to defective product claims, you may want to consider an attorney, like Randall A. Wolff & Associates, Ltd, who specializes in this area. You want someone who is knowledgeable in product liability laws to ensure your case goes as smoothly as possible.

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