If an unsafe product has seriously injured you, you need to establish product liability proof to show the defendant in the case is at fault. To establish proof of product liability, you must be able to show:
- You suffered damages or were injured. It can be frustrating to purchase a product only to find it has a dangerous flaw. However, unless you were actually injured or suffered some form of property damage or other damage as a result of the product, you do not have a claim. Even if you are in an accident caused by the product, for example, but did not suffer any damages, losses, time lost at work or injury, you might not have a claim.
- The product is defective. You must be able to show that the product is specifically defective in an unreasonable manner in order to prove liability. For example, if you cut yourself with a knife, you are unlikely to be able to establish that the knife was unreasonably dangerous unless the product had some other flaw. Knives are expected to be sharp, so you would have to prove there was something unreasonable about the design or manufacturing of the product.
- The defect in the product is what caused your injury. This can be more challenging to establish. If you were in a car accident, for example, and you believe a defect caused your injury, you must be able to show that the injury happened as a direct result of the defect and not due to the accident itself.
- You used the product as a manufacturer could reasonably expect a consumer to use the product. You must be able to show you didn’t dangerously alter the product or use it in an outlandish manner. For example, if you filled a teakettle with cloth and suffered burn injuries, you may not have a liability claim since a manufacturer cannot reasonably expect consumers to put something besides liquid in a teakettle.
- You weren’t warned about the dangers of the product in a reasonable way. If there were no warning stickers or information in the instructions that came with your laptop about overheating, and you suffered a burn injury from the product, you may have a claim.
Often, it can be confusing for a layperson to determine whether they have evidence of a claim or not. If you have been injured by defective products, contact Katherman Briggs & Greenberg for a consultation to determine whether you have a legal claim. Our team can help you gather the proof you need to build a strong case.