How Product Liability Claims Are Processed
16 May 2018No Comments
One of the most common personal injury cases that a person could find themselves involved with is a product liability claim. When a consumer suffers a serious injury due to a defective product, the lawsuit that they file against the manufacturer of the product is considered a product liability claim.
With a product liability claim, there are several applicable legal theories, and choosing the right one for your lawsuit can be difficult if you’re not familiar with these types of claims. Discover how product liability claims are processed, and choose the right liability theory with the help of a knowledgeable personal injury lawyer.
Using Multiple Theories
In certain product liability cases, it may be possible to employ various legal theories. If, for example, your injury was caused because the product in question was defective or did not include a needed injury warning, you may be able to use multiple theories instead of having to pick and choose.
However, the majority of product liability claims will use strict liability. Strict liability was created to replace negligence claims, which means you would usually not file using both of these legal theories.
Strict Liability Theory
The most effective legal theory to employ in your product liability claim is strict liability. If you choose to file under this liability theory, you will need to prove several important elements.
First, you must demonstrate that the product you were sold was excessively dangerous or lacked a necessary warning label. Second, you need to prove that the manufacturer had the expectation that the product would be bought in its original state. Thirdly, and finally, you will be required to prove that you suffered an injury.
Choosing a Negligence Claim
It may be possible to file your product liability claim under negligence. However, this requires proving several difficult issues. For example, you will need to show that the manufacturer of the product had a duty to keep you safe and that they neglected this duty. Next, you must show that this breach of duty was the primary or singular cause of your injury. Lastly, you will need to offer proof that you actually suffered an injury.
If you’re having trouble proving any of these issues, you should consider getting assistance from an injury lawyer.
Proving a Fraud Claim
Some product liability claims involve fraud theory. There are several steps that you will need to follow if you are seeking to prove fraud.
The first issue you must prove is that the manufacturer made claims about their product that weren’t true. With this established, you need to demonstrate that the manufacturer knew that their claims were not true but were made in an effort to sell their product. Subsequently, you will show that you had reason to accept these false claims as truth. The last issue you must prove is that you were damaged by the manufacturer’s false claims.
If the product that injured you included a warranty, you may be able to sue for breach of warranty. When you choose a breach of warranty product liability case, you will need to demonstrate that an express or implied warranty applied to the purchased product and the product you bought did not live up to the terms described in the warranty.
Choose the Right Theory with an Injury Lawyer
If you can’t decide what legal theory applies to your product liability claim, your best solution is to get advice from an injury lawyer from The Bandas Law Firm, PC.
While strict liability will usually be the best choice for your case, a Bandas Law Firm lawyer can research your claim and help you determine which claim is right for you. Contact a representative about your case today.