Things to Know Before Filing a Product Liability Claim

If you have been injured or suffered a loss due to a defective or out of order product, you should be aware that you have the right to recover costs of the damages through a product liability claim. Do you know all the ins and outs of the product liability claims procedure?

Here are few things you must know before filing a claim:

There are Three Different Kinds of Product Liability Claims

There are thousands, if not millions of products that could possibly result in a fault that gives rise to a product liability claim. However, all of these cases usually fit into three basic types of claims:

• Design Defects

These inherent defects are present even before the product was manufactured. In many states, the burden of proof is on the claimant to show how the defective design compromised safety of the product for buyers. On the contrary, in other states, including Alaska, Hawaii, and California, the responsibility is upon the defendant to demonstrate that the design of the manufactured good was faultless and completely safe for consumers.

• Production Defects

These defects take place during the manufacturing procedure and typically influence just a few lots of the product that were manufactured at or around the same time. The cause could be human error or malfunctioning of machinery. If every piece is defective, it means that the manufacturer failed to imitate the original design.

• Marketing Defects

This type of defect arises from unsuitable packaging, labelling, provided instructions, and advertising that was misleading or failed to warn consumers of potential threats or harm, resulting from improper use of the product.

Requirements for Filing the Claim

In order to have a positive outcome to your product liability claim, you must be capable of representing the following fundamentals:

• The consumer item is harmful when used appropriately or in the prescribed manner
• The marketing content was false or no proper guidelines/warnings were given
• The design or shape of the product makes it dangerous for consumers
• The producer or distributor of this product was aware or had purpose to know that the defect was present, yet failed to take proper steps to ensure consumer care
• You suffered a loss from the defect that resulted in considerable expenses

How to File the Claim

Product liability claims, like all other personal injury cases, have a statute of limitations, i.e. a rationed time period within which the case should be filed. If you fail to comply with this time limit, it shall render you ineligible for claiming compensation. It is also significant that your product liability claim be filed in the appropriate courthouse in your jurisdiction or the jurisdiction where the liability has arisen. Defining the right jurisdiction is one of the many services that Personal Injury Lawyers Hallandale, FL can provide for you.

• Having an Attorney is Essential to Your Product Liability Claim

Product liability claims are composite and time consuming. Having an experienced Personal Injury Lawyer to guide you through this procedure is essential to your success. Your lawyer will help you contest the defenses of the liable party and maximize the amount of compensation.

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