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How Do Product Liability Lawsuits Work?

  • When you’re injured by a product that shouldn’t be dangerous, it can get expensive quickly. That’s not just the cost of replacing the item, either. That’s the cost of your injuries, the trauma of the accident, and the damage to your property the accident might have caused.

    When a product goes wrong, you’ll need to file a lawsuit to get the full amount you’re owed for the accident. But how do product liability lawsuits work? Before you get started, make sure you know what steps you’ll need to take before you begin your claim.

    If you’ve been injured by a defective product, get the help you need and fight back. By taking the following steps, you’ll have a better chance of getting the resolution you need after an accident.


    Determine the Defendant

    One of your first steps to a lawsuit will be determining who’s responsible for your injuries, which will be necessary to file your claim. If you’re injured by a product, however, we’ll need to investigate the cause of the accident to find the responsible party.

    If the product doesn’t work as intended or is unreasonably dangerous, the manufacturer is often the one responsible for your injuries. For example, if your medication contained a poisonous substance or your brakes were made of a weak material and you were injured, the manufacturer is responsible. They have a responsibility to make their products safe for consumers.

    If the damages come from few warnings or inaccurate descriptions on the packaging, it’s possible that those who sell the products could be responsible. A product may be normally safe to use but becomes dangerous when used incorrectly. As such, you may need a product liability lawyer to review your accident and find the person liable for your damages.  


    Prove the Product Is Defective

    Product liability is a little different from most accident types. In other cases, like car accidents, you’ll need to prove that the other person was negligent, and that carelessness caused your injuries.

    In product liability cases, you don’t need to prove negligence. You just need to prove that the product was defective or was unreasonably dangerous without warning, and that you used the product as instructed.

    In some cases, this makes things easier. If you can prove that you were using your toaster properly and your actions didn’t cause it to catch fire, there must be a defect in the product itself, by design or by manufacturing error. Your personal injury lawyer can help you determine what the defect was and who’s responsible for that type of defect.


    Get Help Fighting Back

    Once you’re injured by a defective product, you’ll need to take steps as soon as possible to get compensation for the damages you’ve suffered. Unfortunately, product liability cases can be a little unique, and it may be difficult to get the full amount you deserve.

    If you’re not sure how product liability cases work or what you’ll need to do to fight for your compensation, reach out to the lawyers at Greenstein & Milbauer, LLP. We’ll start with a free case review and make sure you get the compensation you deserve.

    Ready to get your free consult? Reach out to us as soon as possible. You can give us a call at 1-800-VICTIM2 (842-8462) or visit us online to take advantage of our free consultations.