What you Need to Know About Defective Liability Claims

What you Need to Know About Defective Liability Claims

If you or someone you love has been injured as the result of a defective product, you may be wondering if you are able to file a lawsuit. Here are some basic things about defective product liability claims and whether or not you have such a case on your hands.

1. There are Different Types of Defective Product Liability Claims

One of the main parts of filing a defective product liability claim is being able to prove that the product is, indeed, defective. The easiness of being able to prove this varies depending on the product and its defect. There are three main ways a product can be defective and cause harm.

A defectively manufactured product is a product, such as a swing set with a cracked chain,  that has a defect that most likely occurred or was overlooked in the manufacturing stage. For this type of case, you must be able to prove that it was the defect, and not your misuse of the product, that caused the injury.

A defective design, such as a car that turns over whenever you make a turn. These are products that were poorly designed for the purpose they were created for, such as a car that doesn’t stay upright. Once again, you must prove that it was the flaw in the design that was the cause of your injury, and not negligent driving.

A failure to provide accurate and adequate safety warnings. For example, a cough syrup that doesn’t mention on its packaging or labeling that it may cause severe side effects if taken with certain types of medication. If you read all the warnings and instructions and nowhere does it say that it’s dangerous to take a common pain reliever while also taking the cough syrup and you suffer from severe side effects, the company is at fault for not providing an adequate warning for their consumers.

It Doesn’t have to be the Buyer who got Injured

Though it is often more common for the buyer of the product to be the victim, this isn’t always the case. Say you bought a defective tea kettle, and then let your neighbor borrow said tea kettle and they get a serious burn injury as a result of a manufacturing defect. They have every right to file a claim against the company that made the tea kettle. In fact, anyone that uses the product and gets injured, or is standing by and gets injured by the product even if they weren’t actively using it, has a right to file suit.

A Personal Injury Lawyer can Help

If you have been injured in any way from the defect or defects of a product you bought, you have the right to file a suit and receive compensation from the company that caused the defect. A personal injury lawyer would be able to help you decide which type of claim you have on your hands, as well as the best way to proceed forward with your legal case. Having an attorney on your side can relieve some worries from your mind and help you know what to expect from your lawsuit.

If you or your loved one have been injured as the result of a defective product in Arizona and are looking for the best personal injury law firm, then give The Moak Law Firm a call today. We have helped thousands of people win their legal cases and recovered millions of dollars for our clients, all right here in Arizona. Call today and schedule your free consultation.