Elements of a Product Liability Case
If you or a loved one were injured due to a defective product, you could be entitled to compensation for losses and injuries. A product liability lawyer can help determine whether you are owed damages based on your case’s unique details and factors. You and your attorney must prove several elements for a successful product liability case.
You Suffered Losses Or Were Injured
Proving you suffered injuries or losses is critical in a product liability case. A near-disaster or hair-raising accident isn’t good enough. For example, it might seem like your microwave catching fire is an example of product liability. But if you put out the fire without injuries or losses, you don’t have a product liability case.
A Product Liability Case is similar to other personal injury cases in that it can involve both economic and non-economic losses. Economic losses include medical expenses, property damage, and loss of wages. Non-economic damages include pain and suffering. A skilled property liability attorney can help you understand what damages, or sum of money, you could have coming your way.
The Product Was Defective
In addition to proving that you suffered injuries or losses, you must establish that the product was defective. Your Product Liability Case lawyer will work to determine whether the item in question falls into one of the following categories:
- A manufacturing error caused the hazardous flaw in the product
- The design itself is flawed (this will require demonstrating that the product is unreasonably dangerous by design)
- The dangerous quality of the product is not clear, also called “failure to warn of a hazard”
A design flaw is one of the more complex elements to prove in a product liability case. Whatever the unique factors in your case, a skilled personal injury attorney can help you understand your rights and fight for fair compensation. Product liability protects consumers from unreasonable risk and harm by negligent manufacturers.
You Used the Product as Intended
Understandably, you’ll have to prove you used the product as intended. For example, if you use a product in a way that was never designed, the manufacturer will deny liability for any losses or damages.
Specifically, you will need to prove that you used the product in a way that the manufacturer would “reasonably expect” a customer to use it. But that doesn’t mean you have to be entirely literal. For example, you could use “hedge trimmers” to trim flowers instead, but if a piece snapped off and split your lip entirely in half, you’d probably still have a case.
The Defect Caused Your Losses or Injuries
Lastly, you must prove that the product’s defect directly led to your injury or losses. This is not the same as simply showing you were injured while using the product. Your attorney will help you take this a step further to show that the product’s defect led to your injuries.
Linking a product defect to an injury isn’t always as straightforward as it seems. That’s why a product liability lawyer is essential to a successful outcome in your Product Liability Case. As with any other personal injury case, your attorney will collect all the necessary evidence, documentation, and proof to support your claim convincingly.
Common Defective Product Injuries
At Thompson Law, we know that each defective product injury case is unique. In fact, a person can experience just about any injury imaginable by using a defective product.
Here are a few possible defective product injuries:
- Burns
- Broken bones
- Organ damage
- Head injuries
- Choking
- Injuries from dangerous drugs
- Death
A Product Liability Case Attorney Can Help, contact us at our locations in Texas (San Antonio, Dallas, Fort Worth, McKinney, Garland, Waco and Arlington).
Product liability can be highly complex and challenging to prove. But a product liability attorney has years of experience learning the nuances of these cases and the strategies of manufacturers. With a skilled lawyer, you can build a successful case that clarifies the facts and elements of the incident.
Call Thompson Law today to speak to an attorney about your case. After an accident, you shouldn’t have to face the negligent party or their insurer alone. We’ll handle the complex legal aspects of your case so you can focus on getting the care and treatment you need.
Product Liability Lawyer FAQ (Frequently Asked Questions)
What is a product liability lawyer?
A product liability lawyer is an attorney who specializes in proving that defective products resulted in losses and injury. They can help you collect evidence and build a strong case that proves the manufacturer’s negligence and liability.
What is pain and suffering?
Pain and suffering is a term that includes both physical and mental pain and suffering after an accident. You can experience bodily injuries and emotional distress in any kind of accident. A personal injury claim can include damages for pain and suffering; your lawyer can help determine the value.
How can a personal injury attorney help?
A personal injury lawyer can help you understand your rights under Texas law. They can gather evidence, documentation, and testimonies that support your claim of physical and emotional pain and suffering. Ultimately, they will work to help you collect fair compensation for the injuries you experienced as a result of your accident.
What is the average settlement amount for product liability?
Unfortunately, there is no quick answer for an average amount. The amount will vary greatly and depends on the unique circumstances in your case. Your injuries, their extent, and your future outlook all play a part in calculating your possible compensation. A well-versed attorney can help you better understand your compensatory outlook.