Personal Injury Due To Product Defects: Things To Know

14 December 2019
 Categories: Law, Blog

Just like every other consumer, when you buy a product from a store shelf, online, or somewhere else, you fully expect that the product is going to be safe for you to use. However, products do sometimes cause consumers injuries, and when they do, a personal injury claim may be something that comes up. If you have been injured by a product and you believe you have reason to file a personal injury claim, there are a few things that you should know up front. 

You must prove you have sustained damages. 

Product liability claims that are associated with a personal injury are usually pretty direct, and the damages will be clear. However, some people assume that if a product is defective and it could have caused injury, they have reason to file a suit. However, in order to file a claim, you do have to show that the product caused you an injury. Medical expenses, lost wages, physical scarring, and property damage are examples of damages that you must be able to show. 

You must show it was not your fault you were injured. 

You may have bought a defective product, used it, and then immediately sustained an injury. However, there are some situations when you will not be able to initiate a claim even if you were injured while using the product. For example, you may not be able to file a personal injury claim due to a defective product if: 

  • You were using the product in a way that the manufacturer did not recommend
  • You altered the product in some way or fashion and it caused you an injury 
  • You used the product in spite of the warning guidelines that came with the product 

The product's defect will be examined according to traditional product defect standards. 

In most cases, there is a specific set of defects that can occur with a product in product liability claims that result in injury. Either: 

  • There is a defect in the way the product was manufactured 
  • There is a defect in how the product was initially designed 
  • There are not adequate warnings about using the product provided by the manufacturer 

To prove your product liability case that led to your injury, the defect will be examined to determine if it falls into any of these categories. If it does, it is more likely that your case will no fail in court. If you have questions about liability, try contacting a personal injury lawyer and find out more.