Product Liability and How a Lawyer Can Help – Understanding the Basics

Product Liability and How a Lawyer Can Help

Did you know that every day, people go to the emergency rooms due to injuries that they might have sustained from the use or application of consumer products? Yes – you read this right. Every day, we see businesses advertising their products, and some of these products can be defective, causing injury – and in some cases- even deaths. 

Nonetheless, as a consumer, you have rights as there are laws, known as product liability laws, that ensure the affected people are compensated for their pain and suffering. 

Read on to learn more about the laws around product liability and how a lawyer can help.

 

Product Liability – An Overview

When you are harmed by a defective product, you can hold the manufacturers of the product liable. As a consumer, you have the right to expect that you won’t be injured when using a product. However, if you get injured after coming in contact with the product, you can hire a top-rated team of injury attorneys and recover compensation for the sustained damages. 

The laws around product liability deal with product damage where the lawyer investigates what happened and how it happened to determine who is at fault and how they should be held accountable for the damage they caused to you – the consumer. 

 

What Do You Have to Prove?

Suppose you, the consumer, buy a product and get injured as a result. For instance, you have bought a face serum that is new in the market. Now, you aren’t a naïve buyer, but you have read the reviews and feedback – after buying the product, you experience a sudden reaction and have to rush to the emergency room. 

With the help of your lawyer, you will have to prove several things in the court to reach a fair settlement:

  • You must prove that the product was defective.
  • You must also prove that you got injured after using the product. 
  • You must prove to the court that you suffered harm, injury, pain, and suffering due to the product. 
  • You must also prove that you can receive compensation for the damage that you suffered due to the product. 

Now, we are here to tell you that it is not your job to prove that the manufacturer or seller of the product acted maliciously or wanted to cause you harm intentionally. Why – you might ask? Well, the answer is as simple as this when you have sustained injury in a product liability case, then such claims include the rule of strict liability. 

Under this rule, you, the consumer, with the help of your personal injury lawyer, must prove that the unexpected harm was caused to you with the product. 

 

Personal Injury vs. Product Liability – Is there a difference?

Now, in most cases where you hire a personal injury lawyer, your lawyer will take it upon them to prove that your injury was caused by the negligence of the defendant. This stage is mandatory so that their clients, which is you, can receive compensation. 

For example, if you have gotten injured in a car accident, your personal injury lawyer will collect the information and evidence and prove in court the other driver’s negligence and why their insurance company must pay you coverage. 

However, if you have gotten injured due to a product, the lawyer will prove that the injuries were caused by the product instead of overly focusing on the negligence of the seller of the product or the manufacturer. 

 

How Does a Personal Injury Lawyer Help with Product Liability?

At this point, you might be wondering about how your personal injury lawyer can help in the above-mentioned circumstances where you might have sustained an injury caused by a product. Well, you should know that the personal injury attorney will assess the validity of your claim. 

They will do so through the following steps:

  • Examine your medical reports
  • Talk to the doctors who treated you
  • Consult with other experts – if needed.
  • Assess the surrounding circumstances.

After they have done everything they need to do, they will determine whether or not your claim is valid and whether or not they have enough evidence to prove product liability in court. We want to emphasize the initial assessment that the lawyer does to determine liability and the next steps to move forward with your case. 

 

Establish Strict Liability vs. Negligence

To help you prove your point in court, the personal injury lawyer will establish one of two things: either they will stress the manufacturer’s negligence, or they will establish strict liability. Your professional attorney is an expert who understands the ins and outs of all legal aspects of each claim – be it strict liability or negligence. 

So, you can rest assured that your attorney will build a strong case, protect your rights, and ensure you are compensated for your injuries, pain, and suffering. 

 

Strict Liability

If your personal injury lawyer establishes strict liability, they must prove in court that the product you used and that made you sustain injury was indeed dangerous and defective. At this point, the lawyer will consult with medical experts and product experts, get other witnesses on board who might have experienced the same, and collect proof to establish strict liability. 

 

Negligence

On the other hand, if your personal injury lawyer establishes negligence, the professional expert will demonstrate in front of the jury and the judge how the manufacturer or seller was negligent and failed to exercise proper care in the production of the product. 

Of course, the lawyer will collect evidence in the form of expert opinions, product samples, and other documents to prove their point. 

 

Negotiate a Settlement 

While the personal injury lawyer will represent your case to the court, they will also be the one who will be negotiating settlements with the insurance adjusters or lawyer of the manufacturer of the product. We take the opportunity here to make you understand the importance of hiring an attorney instead of representing your case on your own. 

The lawyer knows the flip side of the legal coin and knows how to determine the value of your claim based on your medical reports, pain, and damages that you suffered as a result of the injuries. 

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