Products are supposed to serve their intended purpose without causing harm. However, sometimes products cause injury, and the consequences can be serious. In some cases, a product injury can lead to medical expenses and lost income. If you’ve been hurt by a defective product, you might be wondering if your situation qualifies for a lawsuit and what you might be able to recover.
Here’s how to know if you should file a lawsuit or just deal with the impact.
The basics of product liability laws
Product liability exists to hold manufacturers, distributors, and sellers accountable when products cause injury because of defects or a lack of warnings. Anyone profiting from selling a product has a legal responsibility to ensure that it’s safe.
Unfortunately, many products are sold despite being dangerous. In 2020, more than 28,500,000 people sought medical treatment for a product-related injury. That’s exactly why people file product liability lawsuits.
In a product liability lawsuit, a manufacturer or retailer can be held liable regardless of intent. As a consumer, you don’t need to prove negligence. If a product caused injury during normal use, they can be held liable, even if the manufacturer tried to make the product safe. Liability also exists when a product lacks clear instructions or adequate warnings about known risks.
There are different types of product defects
Not all defective products fail the same way. There are five main categories:
- Design defects. These defects make products unsafe because of the design, even when manufactured correctly. For example, this includes unstable furniture and vehicles that are easily susceptible to rollovers.
- Manufacturing defects. This involves errors made during production that make a product dangerous, like contaminated medication or faulty wiring.
- Failure to warn. This applies when a product doesn’t include proper warnings or instructions, and users are unaware of known hazards.
- Deviation from specifications. This occurs when a product doesn’t meet the manufacturer’s own safety or quality standards.
- Defective packaging. Improper or unsafe packaging can create a hazard.
Once you identify how the product failed, the next question is whether you were using it in a way the law considers reasonable.
How you used the product matters
Product liability doesn’t require perfect use, but it does require being reasonable. Courts examine whether the manufacturer should have anticipated how consumers would actually use the product. If your use was unreasonable, you probably don’t have a case. For example, if you used a ladder on a trampoline and got hurt doing stunts, you can’t sue the ladder or trampoline manufacturer for your injuries. However, if you used the ladder to change a light bulb and it collapsed, and nowhere did the packaging state that the ladder was just a prop, you might have a case.
Not every injury justifies a lawsuit. Courts will look at the severity of harm by reviewing your medical records and other documentation. You won’t have a case if you can’t provide medical documentation.
Factors that will strengthen your case include long-term or permanent effects like chronic pain, disability, and disfigurement. You can also get compensated for lost income and lost future earning potential if applicable.
You need strong evidence
To prove your injury case, you’ll need to preserve the product that caused your injury in its post-incident condition and present all receipts or proof of ownership to establish how you obtained the product. Witness statements are also important. And it can help to document prior recalls about known defects and find engineers or medical experts to testify about the connection between the defect and your injury.
There are time limits
Every product injury claim is subject to the state’s statute of limitations. Most states require you to file a lawsuit within 2-4 years of either being injured or discovering your injury. However, there are exceptions for older products and injured minors.
A product liability personal injury attorney can help
If you’ve been injured by a defective product, talk to an attorney right away to see if you have a case. While not every injury leads to a lawsuit, many people don’t realize they have a valid claim because they don’t know how product liability works.
Not every valid claim should be pursued, and that’s why it’s crucial to seek help from an attorney. A lawyer will assess your case and tell you if you should file a lawsuit based on their experience with similar cases and how much money you’re likely to recover. There are no guarantees, but if a lawyer is willing to take your case on a contingency, you won’t have to pay anything up front. In this case, you’ll only pay your attorney if you win compensation.
