If you have sustained injuries or suffered from other damages after using a dangerous product or prescription drug, then you may be eligible to file a product liability claim. These companies are required to make sure that their products are safe. Failure to do so can lead to possible damages. These damages can be avoided if they took the time to check on these details. So it’s best to understand how these lawsuits work. To qualify for a product liability lawsuit and win the case, you will need to prove the following elements:
That You Suffered Losses Or Sustained Injuries
If you were using a dangerous commodity and you did not sustain any injuries or suffer from any losses, then you have no claim. On the other hand, if using the commodity resulted in injuries or losses, then you qualify to file a lawsuit and seek compensation for the losses you incurred. These injuries could be avoided if the company or provider were paying attention to these details. Your injuries need to be taken care of and that can come out of your pocket. You deserve compensation if you have a solid case to create.
That The Commodity Is Defective
You also need to prove that the commodity that hurt you is defective. There are three categories of defective product liability claims and they include. Defective manufacture, dangerous design, and failing to warn or provide instructions on the proper use of the commodity. Checking on these details is important to make sure you have a solid claim. If you don’t fit in any of these then you might not be able to have a claim. It’s best to keep track of these details so you can create a solid claim when you reach out to a legal professional.
. Defective Manufacture
This is when a company makes errors in the manufacturing process, and the commodity comes out of the manufacturing process in a different form than what it expected it to. For example, equipment may have a broken part which causes it to malfunction and cause bodily injury to the user, or a drug may contain toxic components that were accidentally mixed with the drug during processing, causing diseases. These manufacturers need to understand that if they are not careful they could potentially hurt their consumers.
. Dangerous Design
In this claim, the basic design of the commodity is defective or intrinsically dangerous, and not the result of mistakes made during the manufacturing process. These designs need to be checked on routinely. If they fail to do so it could have serious consequences. Providers need to check to make sure that designs are not faulty and won’t hurt a consumer. If they are not able to do that then you have a solid claim.
. Failure To Warn
If a manufacturer knows that their commodity is dangerous and the consumer should follow important directions when using the commodity, then the manufacturer must provide these directions or instructions to the consumer. If the manufacturer fails to do so, they may face a lawsuit for failing to warn the public about the danger. They need to understand how their products work. If they don’t then they are not able to protect consumers from faulty products. Which can lead to some serious damage.
That The Defect Caused Your Injury Or Losses
Apart from proving that you sustained injuries while using the defective commodity, you also need to prove that your injuries were caused by the defect itself. Make sure to keep track of medical records when you have to go to a doctor. They will keep track of the injuries and ask you questions regarding where these injuries come from. This will be coming from a verified source which will help your case even more.
You Were Using The Commodity As Intended
To have a valid claim, you must have been using the commodity in a manner that the manufacturer wants the consumers to use it. Make sure you can prove that you were using it correctly. The correct use should ensure that nobody gets hurt. But if you were using the product exactly as it says in the instructions, then that is the manufacturer’s fault and they need to take responsibility.
Who Are The Responsible Parties In A Product Liability Lawsuit?
If you have sustained injuries after using a commodity, then you may want to include everyone responsible for the defective commodity in the lawsuit. A New York product liability lawyer can help in identifying all the liable parties in your case. Common parties that may be liable in these lawsuits include the original manufacturer, the designer of the commodity, the retailer that sold the commodity, the wholesale distributor, and the marketers who increased the sale of the commodity.
To conclude, if you sustained injuries after using a commodity and you want to file a lawsuit, you must show that you sustained injuries after using the commodity, that the commodity does not work how it should, that the item caused your injuries, and that you were following the instructions on the commodity as the manufacturer intended when the incident happened. This is important information to create a liability case.