If you have suffered an injury that was caused by a defective product, you have the ability to file a product liability lawsuit against the responsible party. But like any personal injury case, you’ll need to prove that the defendant in your case was negligent.
There are several steps to this process, including:
- Proof of injury. This step is rather self-explanatory — simply proving that you were injured is enough to get your case started. You should be able to identify exactly what the injury was and how it led to additional difficulties, such as monetary losses.
- Proof that the product was defective. You need to be able to prove that the problem was with the product itself and not with the way you used it. The product could have had a manufacturing error, such as cracks that formed on the assembly line, or it could have had an inherently bad design that made it dangerous for use. Perhaps the product itself was not defective, but there was a failure to provide adequate warnings of the dangers associated with its use.
- Proof that the defect caused your injury. There needs to be a correlation between your injury and the product defect. If you had a pre-existing condition, you can’t try to use the product defect as a way to get free money out of an injury claim.
- You used the product according to its intended purpose. If you were using the product improperly or for a task that it is not supposed to accomplish, then the fault is likely with you and not the manufacturer. For the manufacturer to be negligent, the product has to be a danger while being used according to instructions.
If you believe that a product manufacturer was responsible for your injuries, meet with an experienced San Diego product liability lawyer at Thorsnes Bartolotta McGuire today.