If a product has caused you harm, or if you have suffered any other form of damages from a product while using it, you may be eligible for a defective product liability claim. There are many aspects that must be considered to determine if you have a valid claim, including:
- How badly you suffered injuries
- Defectiveness of the product
- Cause of damages and usage of the product
Let’s further explain these factors.
How Badly You Were Injured
In order to qualify for a product liability claim, you have to have suffered real injury or loss because of the product.
Let’s suppose you purchased a new heater that leaked gas, but you came to know of it before any damage. In this case, you can claim the warranty of a product, but you cannot make product liability claim because you have not suffered any injuries. However, if you were unaware that the heater was faulty and it leaked gas that caused a house fire, you could be eligible to seek compensation for the losses incurred.
Defectiveness of a Product
The product must be shown to be defective by one of the following means:
Error in Manufacturing
This is the most common type of defect in products on the market. For example, a heater was that defectively manufactured and has a hairline fracture in it could cause serious burns while using it. In a case like this, the injured party can make a product liability claim due to the manufacturing error.
A design defect occurs when a product has a flaw in the base design. In cases where a design defect is claimed to have caused injury, it must be proven in court that the product was poorly designed. Often, courts require similar cases in order to substantiate the claim.
Failure to Warn
If a company fails to warn consumers of potential harm when using a product, and you are injured as a result, you could have a strong product liability case.
For example, if you suffered a serious burn just by touching the heater where a company failed to post a red “warning” or “caution” sticker or failed to provide any guidance in the user manual, you may be eligible for compensation.
Cause of Damages & Usage of the Product
These two factors are crucial to a strong case. For example, you can only make a product liability claim when a product is proven to be the cause of damage, and you used it as per the company’s instructions.
You make cannot make a claim if any external force damaged your product or you have used it in a different way than its intended purpose.
We Can Help
If you are have suffered damage at the hand of a product you used, and you are considering a product liability claim, it is important that you consult with an attorney who has successfully handled many similar cases. The steps involved in such claim are complex, since the burden of proof lies on you.
At the Rossman Law Firm, we have years of experience and can assist you in obtaining the compensation you deserve. Contact an Idaho product liability lawyer today at (203) 331-2030 to discuss your case.