After using a product that you've purchased, it can malfunction in a way that can cause you to want to file a lawsuit against the company that made it. That is particularly true if you or someone you know was hurt or in danger of some kind of injury. However, if you'd like to move forward with a liability claim, here are some of the things you might have to prove.
There is Actual Damage or Injury
In order for your liability claim to be a valid one, one of the first things you'll have to prove is that something bad has happened as a result of the defective item. If there was a crack in the lid of the new pressure cooker you bought which caused the lid to pop off and hit the ceiling while you were trying to cook something, that could be a weak claim. However, if the lid slammed against your kitchen window and cracked it or hot food splattered out and caused you serious burns, you may have a strong case for a liability claim. If there is evidence that the defective product caused harm, ensure that you take photographs and keep records of doctor bills and repair costs to bolster your case.
You Were Using the Item Correctly
Typically, you can only file a claim against a manufacturer or designer if you're able to prove that you used the item in the way it was supposed to be used. If you are using an item as intended and were hurt, that will help your case. This is especially true if no risks and dangers were explicitly laid out for you in the form of warnings and a comprehensive user guide.
It's also important to note that you're unlikely to be successful with a claim even if you were using the product if it produces inherent risks when used. For example, using a new chef knife and cutting your finger with it is not a situation where you're likely to have a good case.
These are just a couple of things you may be asked to prove when you're seeking a settlement because of a defective item. Do keep in mind that each state has their own liability laws regarding product defects, so you might ask a defective product lawyer, like one from Adkins Law Firm, in your city or town about how you can best prepare for such a case.
Share30 September 2016
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