What’s The Difference Between Product Liability and Medical Malpractice?
If you’ve ever been injured from a defective product, you could be entitled to a product liability claim. Not only could this reimburse you for any suffering you may have experienced, but successful product liability suits also set a precedent for the guilty company to better test their products in the future.
Depending on the extent of your injuries sustained from a defective product, your medical bills might be costly. Proving defectiveness in court is a difficult task, however, so it’s a good idea to hire an experienced product liability attorney. Mitch Grissim & Associates have been helping people in Nashville with product liability cases for years now and can help you get the benefits you deserve.
What is Required?
Building your case is an important part of any suit, and an adept product liability attorney can help. There are four primary elements required for a good product liability claim:
- The product injured you or induced losses
- The product is defective
- Your injury was directly caused by the defunct.
- You followed necessary instructions for the product.
If you have quick reflexes, this may work against you. If you’re trying to microwave some leftovers, for example, and faulty wiring causes the microwave to explode, you only have a claim if there are damages. If you dodge the debris, you didn’t actually suffer losses. If the explosion knocks your smartphone to the floor and breaks it, however, you do have a case.
Finding the defect in a product can be hard, but even harder is proving that the defect specifically caused your injuries. If you don’t know how to start gathering the right evidence, consider hiring a product liability attorney. They have the expertise to gather all the necessary evidence to benefit your case.
Did You Follow the Directions?
Some products present inherent danger if they’re used incorrectly. Some extent of reasonable expectation is expected here. If you use an item for something a normal person wouldn’t use it for, you probably won’t have a case. However, if you stay within the realm of reasonable use, it could still work out for you. If your smartphone explodes in your pocket, you’d have justification for a product liability suit. If it catches fire after you beat it with a hammer until its battery ruptures and burns you, your case is considerably weaker.
Staying within the realm of reasonable use can get confusing at times, especially when depending on the product, but a good product liability attorney can help you make the case that you were using the product as instructed. Mitch Grissim & Associates has been doing just that for people in Nashville for years.
Could it be Medical Malpractice?
If you were injured by a defective product in a hospital, this presents a slightly different scenario from normal. Fortunately, you don’t have to choose between product liability or medical malpractice. You can file a suit for both. Three things need to be proven for a successful suit:
- You sustained injuries
- The medical device was defective or defectively marketed
- The defect or defective marketing is the direct cause of your injuries
Make sure you don’t wait too long to file your suit. Every state has a statute of limitations, or a time limit, for filing claims. If you need help learning the statute of limitations for Tennessee, Nashville product liability attorney Mitch Grissim can help.
For some medical malpractice cases, you won’t be the only one injured by a defective product. If that’s the case, you could start or join a class action lawsuit. These are very beneficial for you since you won’t have as much upfront cost, but if your injuries are unique enough, you should probably file your own suit. For guidance on your specific situation, contact Mitch Grissim & Associates and discover which course would be best for you.
Hiring a Nashville Product Liability Lawyer
Any kind of injury is going to be a challenge to deal with, especially if it’s caused by a defective product that you paid for. Mitch Grissim & Associates is available to ease your process and win you the benefits you deserve. Big companies will have highly-trained lawyers on their side, so you might not want to go up against them alone. With an experienced product liability attorney of your own, you even the playing field and stand a better chance of winning your case. Contact Mitch Grissim & Associates online or call (615) 645-2659 for your free consultation today!