Should I Hire an Attorney After Being the Victim of a Defective Product?

By Leeds Brown Law | December 6, 2019

Product liability cases can come in a variety of forms. Your child may become injured by a toy car. You may develop long-term lung problems because of interior paint that lacked the proper warning labels. If you have been injured by a defective product, you may have a strong case for a personal injury lawsuit.

How Product Liability Cases Work

A manufacturer has a duty to prevent foreseeable problems as long as it is reasonable for them to do so. Sometimes, a product is defective because it was designed to be that way. In other cases, the product was defective because of faulty manufacturing. Another example of a product liability case involves faulty warning labels. The manufacturer must post visible warning labels on the product. Otherwise, they could be liable for any injuries that happen.

The heart of a product liability case is negligence. You must prove that the other party was responsible for the defect. If you can make your case in court, you can achieve compensation for the damages incurred because of the faulty product.

The Kinds of Product Liability Lawsuits

There are three basic forms of product liability cases. With strict liability cases, you merely have to prove that a defect exists in the product. As a result of this defect, you were injured. As long as there is a defect in the product, the manufacturer may be strictly liable for your damages. If you want to use strict liability, the product must have been bought during the chain of distribution. This essentially means that second-hand products are not eligible for strict liability claims.

With a negligence case, you just have to show that the manufacturer was careless with their design or the creation of the product. Because of this carelessness, you became injured. When you go to court, you have to show that the manufacturer breached their duty to sell a safe product. In order to do this, you must also show that the manufacturer knew that the product was defective. Additionally, you must show that the defect is the source of your injuries.

You could also file a case involving a breach of warranty. Products have an implied warranty if there is an implied promise from the manufacturer that the product will not cause harm. An express warranty is when the manufacturer or retailer makes a direct representation about the product.

Do I Need a Lawyer to Handle a Case Involving a Defective Product?

Technically, you can file a case on your own. While you may not legally be required to have a lawyer, you probably want to hire a good attorney. The manufacturer or retailer is going to do everything possible to prove your case wrong. If you submit a document late or lack the right evidence, your case could be dismissed. Once you lose your case, you cannot sue the manufacturer again.

With a lawyer, you get expert help compiling evidence and building your case. This experience is invaluable when it comes to a product liability case. While it might be invaluable, you do not necessarily have to pay for it. Most lawyers try product liability cases for free. The lawyer gets paid when you win the case, so he or she will only get compensation if you win. As a result, you can get the knowledge and experience of a top lawyer without having to pay a high upfront cost.

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