Starting a Medical Malpractice Case
Starting a Medical Malpractice Case
September 1, 2020
Types of Medical Malpractice Cases
Types of Medical Malpractice Cases
September 14, 2020

How To Prove a Defective Product Liability Claim

Defective products can be dangerous and seriously harmful, even resulting in permanent personal injury. Depending on the situation, you may be able to make a successful case against the manufacturers or sellers. Here is how to prove a defective product liability claim.

Determine What Went Wrong With the Product

There are three main reasons that a product malfunction leads to personal injury: defective manufacturing, defective design, or a failure to warn. If the product was manufactured improperly, you may have been using it correctly, but it did not work the intended way and hurt you. If the product design was defective, no matter what you did with it, the item was flawed before you ever came in contact with it. A failure to warn is when a product’s instructions and warnings are not enough to adequately alert the average customer or user to the possible consequences of using the device. Figure out which general type of malfunction occurred to help categorize your case.

Define What Happened To You

Every product, person, and circumstance of use is different. Whether you were using an industrial part that broke or an everyday item that malfunctioned at home, defective products can be used and could break anywhere. Try recalling the events and consider writing them down. Gather other evidence as well, such as the product packaging, instructions, and safety warnings. Most of all, if possible, secure the broken product to show that it did indeed break and how it did so—but do not retrieve the malfunctioned product if it will cause you any further harm.

Contact a Lawyer

Tragically, product malfunction can lead to serious injury or death. Though it may be too late to stop what has happened to you or someone you care about, you can still seek damages and start a case. Contacting a lawyer can feel intimidating, especially when discussing matters of particular sensitivity, but these people are trained professionals and want to help. Many law offices provide free consultations and are able to help you sort out your case.

These are just a few simple steps for how to prove a defective product liability claim. Defective products can have serious and sometimes fatal consequences. If you’re seeking a wrongful death attorney in Boise, Idaho, contact Rossman Law Group.