How to Build a Solid Product Liability Claim Lawsuit?

Manufacturers and retailers have a legal responsibility to ensure their products are reasonably safe. As such, if a product becomes defective or unreasonably dangerous, resulting in serious injury or death, the product manufacturer can be held liable. Pursuing a product liability claim can be daunting to the average person. Especially if you are going against a large company with what may seem like unlimited resources, it's important to know what you are doing. So, in this article, we will guide you on how to build a solid product liability claim lawsuit.

 

 

Hire a Product Liability Lawyer

 

The first step you want to take for a product liability claim is to hire a Chicago product liability lawyer with proven experience. You need a lawyer specialized in product liability because this arm of the law is a complex web to navigate. However, an experienced product liability lawyer makes identifying the liable party easy. Also, the lawyer can help with gathering evidence to support your claim and provide legal representation to get the most compensation. 

 

Establish the Product was Defective

 

In building a solid product liability claim, you need irrefutable proof the product was defective. If a product is defective, then it fails to function as intended, which could be due to manufacturing error. Similarly, a product can fail to function as intended due to a flaw in the design, although design defects are more complex to prove in a product liability case. Finally, a manufacturer can be held liable due to failure to warn of the potential hazard of the product.

 

Prove the Defect was Dangerous even when Used as Intended

 

Also, during the lawsuit, you will have to prove that you used the product in the way the manufacturer recommended. If you use the product in a way other than the way the manufacturer designed it, then the manufacturer can deny liability for any damage or loss. Using a product according to the way its manufacturer recommends it doesn’t always have a literal meaning. For example, if you bought an edge trimmer but used it to trim flowers, but a piece of it snaps off and splits your lips, you can still file for a liability claim and get compensation.

 

The Defect Caused your Injury

 

Proving a defective product caused your injury is crucial in filing a product liability lawsuit against a manufacturer. A hair-raising accident or a near disaster is not a good enough reason to get compensation. You can think of a product liability lawsuit similar to a personal injury case, as it involves both economic and non-economic losses. As such, proof of your medical expenses, pain and suffering, loss of wages, and property damages all come into play.

 

The product was in the same condition as when it left the manufacturer

 

Furthermore, it demonstrates the product was not altered or changed after it left the manufacturer. For example, if an automobile was modified in any way, the manufacturer could claim it was the change that caused the accident rather than the original defect. So, if you have a third party alter or add components to the product that were not part of the original manufacturing process, it could potentially voice the manufacturer's liability. Establishing this often involves getting purchase receipts and/or maintenance records.