The Four Most Important Parts of a Products Liability Case
As a consumer, you purchase products with the expectation that they will function the way they were designed to. You also expect that by following the guidelines of use and observing caution, you can use the products without any risk involved.
Unfortunately, this is not the case all the time. Defective products cause injuries and fatalities to consumers every day. When this happens, product liability laws will hold the manufacturers – and in some instances, sellers – responsible for the injuries sustained by consumers while using the defective product.
If you are a victim of a product defect, you should seek legal help from a reputable product liability claims lawyer. It also pays to be knowledgeable about the most important parts of a product liability case. Here are 4 important aspects that need to be proved in a products liability case.
1. Negligence on the Part of the Manufacturer
Your product liability claims lawyer should be able to prove that negligence on the part of the manufacturer occurred. After proving this, they should be able to show that the injury you have suffered was a result of the manufacturer’s negligence.
2. That the Defective Product Was the Main Cause of the Plaintiff’s Injuries
For example, imagine that someone has purchased a car and its brakes failed seconds before they crashed. The brake failure may have played a role in the crash; however, it is also possible that it was not the main reason the car crashed in the first place.
For instance, the road where someone was driving on before the accident happened may have been icy, causing someone to have difficulty with braking. They could have been driving too fast while they were on an icy road, making braking difficult, and as a result, they ended up crashing. Thus, if there are other factors that led to the accident where someone sustained injuries, the manufacturer may not be held liable for damages.
3. Failure of Manufacturer to Comply with Industry Standards
It is the responsibility of the manufacturer to ensure that the product undergoes and passes all the quality tests required before it puts the product for sale in the market. If the product is sold even if it did not pass the industry standards and you have been injured while using it as intended, the manufacturer can be held liable for the injuries it caused you.
4. Product was Defective
It is best to have the defective product with you during trial. However, it is not always possible (e.g. the car involved in a car crash may have been too mangled to be taken into court). In such cases, your lawyer should be able to prove to the jury that the injuries you have sustained can only be attributed to the defective product and nothing else.
Matt Fleming Law Can Help You with Your Products Liability Claim
Defective products, even if used with utmost caution, can pose a danger to you, your loved ones, or your property. If you have sustained injuries due to a defective product, contact a product liability claims attorney at Matt Fleming Law right away.
We specialize in product liability cases. Our product liability claims attorneys in the San Francisco Bay area can help you take the necessary steps so you can obtain compensation for the damages you have suffered.
Schedule a free initial consultation with our product liability claims lawyer today by calling 1-800-930-3039.