February 20, 2019

Proving a Defective Product Claim

Defective Product

If you have been injured or suffered other damages because of a product you used, you may have a defective product liability claim. To determine whether or not you have a defective product claim, you should be familiar with what you’ll need to prove. Read through the following circumstances to determine if your situation is a defective product case.

Defective Product Claim Requirements

As a general rule, product liability law requires that you prove all of the following in order to win your case:

  1. You were injured or suffered losses. Product liability law does not cover accidents that almost happened. Without an actual injury or monetary loss, you are missing a critical element of a products liability claim.
  2. The product is defective. You must also prove that the product that injured you was defective. That could be from a manufacturing error or an oversight in the overall product design that makes it unreasonably dangerous.
  3. The product did not have a hazard warning. Liability may hinge on whether the product’s warnings and instructions were reasonably sufficient.
  4. The defect caused your injury. It is not enough to argue that you were injured while using the defective product. You must demonstrate specifically how the defect caused your injury.
  5. You were using the product as it was intended. Broadly speaking, you must have been using the product the way it was designed to be used.

Some of the most common product liability claims are for children’s products like car seats, toys, and car parts. Product recalls on these items are common and are the manufacturer’s way of alerting consumers of a hazard and trying to avoid injuries and a lawsuit.

If you are injured by a product, it is very important that you keep the faulty product. If you throw it away, it can make it very hard to prove your case.

Contact GCW Lawyers

If you were injured by a faulty product and would like to discuss the details of your case, contact the attorneys at GCW for a free consultation. The requirements for proving a defective product liability claim can be complex, but our team of personal injury attorneys is here to help you cut through the confusion and fight for the compensation you deserve.