How Can I Prove an Injury Is From a Defective Product?
July 21, 2023 Posted In Personal Injury
If you find yourself injured due to a faulty product, you may be entitled to compensation for your medical expenses, lost income, and pain and suffering. Here are the essential steps to prove that your injury was a direct result of a defective product.
Seek Immediate Medical Attention
Your health and well-being are the top priority after sustaining an injury from a defective product. Seek medical attention immediately, even if your injuries seem minor at first. A thorough medical examination can help establish the connection between your injuries and the product, and medical records will be vital pieces of evidence to support your claim.
Preserve the Product
It is critical to preserve the defective product in its current state as best as possible. Take photographs of the product, the accident scene, and your injuries. The item itself may serve as crucial evidence in determining the type and cause of the defect. Refrain from attempting to fix or throw away the product, packaging, or any of its parts.
Document the Incident
Write down everything you remember about what happened leading up to, during, and after the injury. Include the date, time, location, and the names and contact information of any witnesses present. In addition, ask if they will give a statement on what they saw.
Consult an Experienced Attorney
Navigating a product liability case can be stressful and overwhelming. Speak to an experienced Riverside Product Liability Lawyer as soon as possible. They will assess the merits of your case, and help you gather evidence to strengthen your claim.
Demonstrating causation is a critical element in proving an injury is from a defective product, which means a defect in the product can be directly linked to your injuries. Your attorney may hire expert witnesses, such as engineers or medical professionals, to testify on the product’s defect and how it was responsible for your harm. They will also handle all communication with the insurance companies and negotiate a fair settlement or fight for your rights in court.
Elements of a Defective Product Case
To be successful in a defective product case, several essential elements must be established:
Injury or Damages
The plaintiff must demonstrate that they have suffered injuries or incurred damages as a result of using the defective product. Keep detailed records of medical bills, other injury-related expenses, lost income, and a journal of your daily pain and limitations.
Defect
The type of defect present in the product must be proved. Defective product claims generally fall into three categories:
- Defective Design: The product’s blueprint or design itself is inherently dangerous or flawed. This means that every item produced from that design would be dangerous.
- Defective Manufacturing: The defect occurred during the manufacturing process, resulting in certain products being flawed while others are not. Manufacturing defects can include issues like contamination, missing components, or improper assembly.
- Failure to Warn (Marketing Defects): When a product is deemed safe when used as intended, but the manufacturer fails to provide adequate warnings or instructions for its proper usage.
Product’s Intended Use
The plaintiff must show that they were using the product as intended by the manufacturer or in a foreseeable manner. Misuse of the product, which leads to an injury, can weaken the case.
Chain of Distribution
Identifying the parties responsible for the defective product is vital. This includes manufacturers, suppliers, wholesalers, retailers, and any other entities involved in the product’s distribution process.