Things You Need to Prove in A Defective Product Case – Today’s guest blog is by The Car Accident King. The opinions expressed by the author in this and all guest blogs are not necessarily those of The Attorneys For Freedom Law Firm.
Things You Need to Prove in A Defective Product Case
There are many cases when a person falls victim to an accident as the result of using a certain product. The subsequent claim of the victim refers to a product liability claim. Since these cases can become complicated, there are several factors that the person must consider in order to make a legitimate claim, for example, the victim must have suffered a loss.
Moreover, the product in question must be proved defective, as a whole or in part, in the legal claim. It is important to consider that the product must have caused the injuries with the instructed use. In case the product is misused despite the warning, the claim of a defective product is not valid. For instance, last year in accident news, a customer filed a lawsuit against Kia Motors Corp., given the spinal damage he suffered in a car accident and claimed that the car seat had led to the injuries.
If you are considering filing a product liability claim, there are few factors that you must keep in mind for your calm to be valid:
- Monetary Injury Loss or Suffering:
The injury or loss must be in some form of monetary suffering. If the money factor is lacking, the claim will be invalid. For instance, if the product malfunctioned and didn’t injure the consumer, although it could have, the legal claim cannot be pursued. Moreover, even if it led the person to destroy something valuable to another person and no injury was caused, the claim cannot be pursued.
- Prove that the Product was Defective:
The burden of proof lies on the plaintiff, that he or she must prove that the product was defective and it caused the injuries to the plaintiff. Depending upon the circumstances and factors of the accident, the ease of proving the defect varies accordingly. For instance, in case of injuries caused due to defective materials, the expert will be required to examine and find the flaw. And if there is an entire batch of defective products, there will be other claims by the consumers about the same product. In this case, there is a possibility that the recall of the product is under process or the manufacturer knew about the defect. In this case, a negligence claim could be pursued.
- Manufacturing Fault:
If there is a fault in the manufacturing of the product, this can be an easy claim to prove. Such faults lie in the design and material of the product of other similar issues in the product. These products were shipped and passed the inspection despite warning that those products should not have been shipped. However, there is a possibility that a few products may have been damaged en route or while selling them. Such defects can be traced to the manufacturing company.
- Flaws in the Design of the Product:
Proving that the design as inherently flawed is often difficult because there is a lack of evidence. The hazard due to such products must show that the flawed design caused the danger to the consumers and that the product was unsuitable for standard use. For instance, an item with some material in it causes an explosion or fire when it should not is an easy flaw to prove. But, proving that a doll with hazardous material that could harm a person but has not, can be difficult.
- No Warning of the Hazard:
If the hazard of the product is obvious, the victim can probably prove that the product had a design defect, and hence caused the injury. Such warning of the hazard depends upon the warning and instruction label on the product. If the warning is not clear, the claim can be pursued.
- The Defect Cause the Injury:
In order to pursue a valid claim, it must be proven and demonstrated that the injury occurred after the standard use of the product. For certain items it may not be easy, however, if the product can be determined the cause of damage, the claim may stand as valid.
For this case, a personal injury attorney must be consulted for the compensation.