Proving a Product is Defective in a Personal Injury Claim

 Posted on June 27, 2023 in Defective Products

Consumers who sustain an injury or loss while using a defective product can file a liability claim. You need tangible evidence that identifies which defect caused the injury and proves them during the lawsuit. Our product defect lawyers can help you arrange the official documentation needed to seek compensation for the damages incurred by the faulty product. We discuss this in detail below.

Understanding the Main Types of Defective Product Claims

When filing a personal injury lawsuit, there are three ways to make a viable defective product claim.

They are as follows:

• Defective product design – You need to prove that the overall product design is not user-friendly and you sustained injuries while using the product.
• Manufacturing defect – You need to show how a manufacturing error caused the product to malfunction, resulting in an injury.
• Misinformed marketing and incomplete disclaimers – Manufacturers are responsible for providing comprehensive user guides, instructions, and warnings. These elements ensure the average consumer knows how to use the product safely. The failure to do so can be used as evidence for a product liability claim.

How to File Your Personal Injury Claim for a Defective Product

The court passes a verdict based on the evidence you and the opposing party provided. To prove your product liability claim, you need to answer the following questions:

• Can you prove the product is defective?
• What type of injuries and losses did you sustain from the defective product?
• How did the product defect cause injury?
• Did you use the product correctly?
• Can you prove that the defendant was negligent?

Throughout the case, the court will rely not only on your written and verbal testimony but may also need to see relevant evidence supporting your claim. This can include the defective product and proof that the company knew it was selling products with a faulty design or failed to include appropriate warnings in the packaging.

For example, the label might not warn people about how to use a product correctly. Due to this, you or a family member got hurt when you used the product for the first time.

In addition, you need to show how the product defect caused an accident/injury. You may submit medical records, accident reports, photographs of the injuries, and prescriptions to support your claim.

Overall, proving a product liability claim requires meticulous planning and extensive knowledge of the strict liability laws and how they impact court decisions. Ensure you prepare everything before you file the lawsuit.

Contact Waukegan Product Defect Attorney for a Personal Injury Lawsuit

Product liability claims can be complex and taxing for an individual, especially when you are up against an established manufacturing company. Our attorneys are here to help if you need legal advice. Contact a Waukegan product defect lawyer from Salvi & Maher, LLP by dialing 847-662-3303 to schedule a consultation today.

Source

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K2-621