What To Do When You’re Hurt By A Defective Product
When you’re using a product and get hurt, you may be entitled to compensation, but it’s important to understand how these cases work. Learn about the specifics of product liability claims, the kinds of defective product cases, and how a Nashville personal injury lawyer can help your case.
Defective Product Liability Cases
The first thing you need to understand before pursuing your case for product liability is that there are several general types of defective products. These three types of cases are those of defective manufacturing, design defects, and inadequate instructions or warnings.
Defectively Manufactured Products
A defect in manufacturing usually affects only a couple of products in a line. The problem isn’t a core issue with the product’s design, but with something that went wrong during the manufacturing process. If a product fails and someone is injured, but it’s specific to that individual device, it could be a manufacturing defect.
Design Defects in Products
If a line of products has a core flaw that causes them to fail when used properly, this could be a design defect. It means something was not properly accounted for when the core design of the product was undertaken, and that design creates an unfortunate and potentially tragic tendency for the device to fail and cause injuries.
Inadequate Warnings
The third type of case arises from inadequate warnings. If a product can be used safely but carries inherent dangers to avoid, the manufacturer has to warn you of those dangers and the ways in which you can avoid them. Failure to do so opens them up to liability.
Differentiating the Three
It can be tricky to differentiate between defective manufacture and design, and failure to warn. Consider the case of an electronics explosion. If your personal electronic device catches on fire or explodes, is this a problem that’s known to the line, or is it something that is isolated to yours and maybe one or two others in the line? If for example, a bad ground in your specific device caused a short-circuit, you could be dealing with defective manufacturing.
If, however, as we’ve seen in the news recently, entire lines of products are seen to fail in exactly the same way, and many people are injured as a result, there could be a core design flaw. It’s important to understand which kind of case you’re dealing with.
On the other hand, what if the danger can be mitigated and avoided through proper usage, but there’s a certain procedure you need to follow? If the manufacturer failed to include warnings of the danger, and instructions on the proper procedure to avoid them, you have a problem of inadequate warnings.
Proving Liability
When it comes to proving liability in a defective product case, you need to establishing a direct flaw in the manufacturing caused the defect. Gather probative evidence like instruction manuals, purchase receipts, quality control reports, and consumer reviews to bolster a successful case. Dangerous products will always have some sort of paper trail providing crucial evidence for the responsible parties to be held liable.
The Dangers Of Defective Products
The health risks associated with being injured by a defective product can be quite severe. People who have been injured by a defective product may experience a range of physical and psychological injuries, and may even require extensive medical treatment. It is essential for anyone who has been injured by a defective product to seek medical attention as soon as possible in order to document their injuries and begin the process of seeking compensation.
In order to prove that a defective product injury was the cause of an injury, a product liability attorney will need access to the injured person’s medical records. These records can provide valuable evidence that the defective product was responsible for the injuries sustained. If a product liability attorney is able to prove that a defective product caused an injury, the injured person may be eligible to receive compensation for medical bills, lost wages, pain and suffering, or other damages.
In some cases, a defective product injury can be life-altering. Injuries caused by a defective product can include broken bones, amputations, paralysis, brain damage, or even death. In order to ensure that the injured person receives the compensation they are entitled to, it is important to hire a qualified product liability attorney who is familiar with the laws governing defective product injuries.
Hiring A Personal Injury Attorney
When someone has been injured by a faulty or defective product, it is important to hire a personal injury attorney experienced in product liability law. A product liability lawyer can help the injured person navigate the complexities of filing a product liability lawsuit against the manufacturer of the product. The lawyer can also help by obtaining and reviewing the medical records of the injured person as part of the product liability lawsuit. It is important to hire a personal injury attorney with experience in product liability law to ensure that the injured person receives the best possible outcome from the product liability lawsuit.
Any product liability case comes with its own set of viable legal options for all parties involved. You should schedule a free consultation to discuss the specifics of a product defect with a credible lawyer.
Claiming Damages
The most common form of damages claimed in a defective product personal injury lawsuit are medical bills. When an individual is injured by a defective product, they may be entitled to compensation to cover the costs of medical treatments and procedures, including emergency room visits. Additionally, the injured individual may be eligible for compensation to cover the costs of lost wages due to the injury.
In a defective product personal injury lawsuit, an injured individual may also be eligible for compensation for pain and suffering. This can include both physical and emotional pain and suffering caused by the defective product. If a family member has been injured by a defective product, a product liability lawyer can help the family claim damages for emotional distress due to the loss of companionship or support.
In some cases, a product liability lawyer may be able to help the injured individual pursue damages for punitive damages. This type of damages is awarded to punish a manufacturer for manufacturing defects or for failure to warn a consumer about potential risks associated with using a product.
If a defective product lawsuit is successful, the injured individual may be eligible to receive compensation for attorney’s fees, court costs, and other expenses. Additionally, the injured individual may be able to pursue damages for loss of enjoyment of life, which can include the inability to engage in activities or hobbies that were enjoyed prior to the injury.
A product liability lawyer can help the injured individual pursue damages for future medical bills or lost wages. This type of damages is awarded to help cover the costs of future medical treatments or lost wages that may be necessary due to the injury.
Contact a Nashville Personal Injury Lawyer
Understanding the kind of case you’re facing will dictate the tactics and strategies you must use to prove negligence. In addition, insurance companies will try just about anything to avoid paying out on a damage claim.
Countering these non-payment tactics and knowing how to get fully compensated requires the services of a strong Nashville personal injury lawyer. If you find yourself in this situation and need help, call Mitch Grissim & Associates for a free case evaluation today!
