4 Essential Elements for Establishing a Valid Product Liability Claim

The modern era has forced on us the phenomenon of mass consumerism which started off to deal with the burgeoning population, but it now has taken an ugly shape because things are no longer manufactured merely to meet the needs of people. As a result, more products are being manufactured and companies are fighting tooth and nail to release as many products as possible.

With this phenomenon taking force all over the world, the number of product liability claims is also increasing because companies find themselves short on time, and they send out under-researched products with some safety issues. However, not many people end up winning these personal injury lawsuits because they are not straightforward, and require adherence to some useful tips that include hiring a competent personal injury attorney. We have discussed here four essential elements for establishing a valid product liability claim so that you can evaluate the validity of your personal injury claim.

Learn about establishing a Valid Product Liability Claim

1. Proving that you suffered injuries or other losses:

If you want to be on the right side of a product liability claim, you will have to establish that using a certain product has caused you physical injuries or other losses. Remember that you will have to suffer tangible injuries to be able to establish a valid product liability claim.

For example, if you bought an electric teapot and it exploded when you used it for the first time due to some operational malfunctioning. Fortunately, you saved yourself from the splash of hot water as you were able to react in time. In this situation, you will not be able to establish a product liability claim because even though the teapot was faulty, you did not suffer any tangible losses.

2. Proving that the product was defective :

Before filing a product liability lawsuit, you must be familiar with various types of product defects so that you know exactly which defect has affected you adversely. For example, a product may have a manufacturing error which is much easier to prove as compared to a design fault because you will then have to demonstrate how a product’s design has harmed you. Your best chance to get compensation on a flawed product’s design is if you can prove the dangerous attribute associated with the product.

In that case, the liability will depend on the adequacy of safety hazards enumerated by the manufacturer on the product’s safety guide. For example, if the manufacturer has placed the steam valve located at a place where an ordinary customer will not expect it to be, and it fails to intimate the customer about it. The customer will then have a strong basis for filing a product liability claim if he or she suffers physical injuries.

Also read: Ways to Spot Fake Olive Oil Product

3. Proving that the defect caused your injuries:

In some cases like the electric kettle example mentioned above, it is straightforward to link the defect with the injuries, but some cases can be far more complex in this regard. For example, if you suffer an accident in a car that loses traction and flips over while turning corners, and there exists proof that you were speeding during the time of the accident, the manufacturer will argue that reckless driving was the cause, and not the car design.

4. Proving that the product was the right way:

If you bought an electric kettle, you must only use it to boil water for tea or other hot beverages because the manufacturer has eliminated its hazards only against this usage. If you use this kettle to heat the kids’ swimming pools and it explodes, you cannot file a complaint to get compensation for your kids’ injuries because the manufacturer never claimed that the kettle can be safely used to heat the kids swimming pool.