If you or your loved one has been injured by a defective product, you should seek justice. This is because companies must design, manufacture, and sell products that are safe for consumer use at all times. As a matter of fact, this is their legal responsibility. That said, even if everything related to the product was done by the book, the business will still be liable for any injuries that it may cause.
So, what rights do you have as an injured party, and what are the next steps to take?
Establish Whether you have a Claim
Defective product law comes under the banner of “product liability law.” This is the broad term used to describe the legal responsibility and duty that sellers and manufacturers of goods have to compensate buyers and others that have been wounded by such goods, if and when they act in a defective manner.
Product liability is a subset of tort law, which is either judge-created or drafted in the state legislature as statutes. Such state laws address statutes of limitation on lawsuits, and other specific questions, such as how certain civil actions are addressed by the state.
In some states, you will not need to prove that the seller or manufacturer was negligent. You will only be required to prove that the product was defective and that the deficiency caused your injury.
Once you have established that you have a valid product liability claim, it is time to get your medical paperwork together and head to the office of a good lawyer. Have he or she draft your claim so you can collect reasonable damages for your losses.
Of course, you deserve money for your economic losses, which may include medical bills, lost wages, future lost wages, and the loss of the services that you used to provide to your family each day. However, you should also ask for compensation for the non-financial losses, which are hard to put a price on, such as pain and suffering, physical impairments, mental anguish, and the loss of general enjoyment of life.
Ask for an Injunction
This is simply a court order that requires the plaintiff to do something or refrain from doing something. In this case, you can ask the judge to require the company to either start or refrain from whatever action led to their product’s defectiveness. This is to prevent other people from getting hurt.
In conclusion, it is important to know what rights you have when it comes to product liability matters. If you feel that you may have a case along these lines, it is best to speak with an attorney to map out your next moves.
This article is from Brooke Chaplan, a freelance writer and blogger. She lives and works out of her home in Los Lunas, New Mexico. She loves the outdoors and spends most of her time hiking, biking, and gardening. For more information contact Brooke via Twitter @BrookeChaplan.