Are you dealing with an injury caused by a dangerous or defective product and unsure if it’s worth filing a product liability claim? It cannot be obvious to try and decide which cases are suitable for legal action. Thankfully, there is a way to determine whether or not your situation merits taking legal action: understanding the elements of a valid product liability case.
When we buy products, it is essential to have confidence in the product’s safety, but sometimes that is not guaranteed. Sometimes, developments make it to the unsafe market, and people are injured or even killed. You may have a product liability case if you’ve been injured due to a defective product.
By learning more about these five key factors, you’ll have the information you need to understand if getting in touch with a qualified product liability lawyer is worth doing.
Get ready for an informed look into what makes up an effective claims process, one that could make all the difference in recovering compensation from those responsible, or you can see more at Dunn Sheehan.
Table Of Contents
1. The Product Was Defective
One of the most critical factors in determining if you have a valid product liability case is whether the product was defective. A defect can come in one of three forms: a design, manufacturing, or marketing defect. A design defect is when the product was inherently flawed when it was designed.
A manufacturing defect is when the product was made incorrectly during the manufacturing process. A marketing defect is when the product does not have adequate warnings or instructions for safe use. If the product was defective, you may have a valid case.
2. The Defect Caused Your Injury, and you Suffered Real Damages
Another critical factor in determining if you have a valid product liability case is if the defect caused your injury. In other words, your injury must be directly related to the defect. If you were injured by a product that was not defective, then you do not have a valid case. But you may have a strong chance if the defect caused your injury.
The final factor to consider when determining if you have a valid product liability case is whether you suffered actual damages from the incident. This means that the injury caused by the defect must have resulted in medical bills, lost wages, or damage to your property. It strengthens your case and could help you recover compensation for your injury if you can prove this.
3. You Were Using the Product as Intended
You must have used the product as intended to have a valid product liability case. You might not have a good point if you were using the product in a way that was not meant to be used. However, if you were using the product in the manner intended to be used and the defect caused your injury, you may have a strong chance.
4. The Product Was in Your Possession
You must have had the product in your possession to have a valid product liability case. You may not have a good point if you were injured by a product you did not own or have in your residence. However, you may have a strong chance if you used the product and the defect caused your injury.
5. The Statute of Limitations Has Not Expired
Finally, you must ensure that your case’s statute of limitations has not expired. A rule of regulation is a law that limits how long you have to file a lawsuit. If the statute of limitations has expired, you may not have a valid case. However, you may have a strong chance if you are still within the time limit.
5 Ways To Know You Have A Valid Product Liability Case – In Summary
You may have a valid product liability case if a defective product has injured you. Considering the above ways is essential to determine if you have a strong chance. If you are unsure of an opportunity, consulting with a product liability lawyer is a good idea.
Dunn Sheehan can help you determine if you have a valid claim and can help you navigate the legal process. Remember, you can seek compensation if a defective product injures you.