If you are injured by a defective product, you may be able to sue the manufacturer, or a link in the distribution chain, to gain financial compensation. But you will first have to determine who is responsible and then prove liability.
Who is responsible for a defective product that causes an injury?
Sometimes the manufacturer is responsible for defective products, in which case, you can sue the manufacturer for damages.
However, a defective product is not always the responsibility of the manufacturer. Anyone in the distribution chain could be to blame, such as suppliers, wholesalers, and distributors. And speaking of supply chains, you may be interested in the latest technological trends that are shaping the supply chain industry.
If you have been injured by a defective product and want to claim compensation, you should contact an experienced lawyer who can help you ascertain who is at fault. You can then sue the right party.
Everyone in the supply chain is responsible for ensuring products function normally and safely, so you could potentially sue more than one party.
Proving Liability
While it is good news that you are able to seek damages if you are injured by a defective product, you still need to prove several things before you can be awarded compensation.
First off, to make a claim against the manufacturer or someone else in the supply chain, you must prove their negligence and prove the negligence caused or contributed to your injuries.
You can prove that by showing the product is defective under ordinary usage or showing the manufacturer or other party did not provide sufficient warnings about the dangers that the product posed.
Other types of negligence that could come into play include negligent design, which shows a safer and better product design could have been used to prevent the injury, and negligent manufacturer, which shows the manufacturer made an error when assembling the product.
Common Defences
Be aware that the manufacturer or other party that you are suing will try their utmost to defend themselves.
They have several defenses available to them to help them deny responsibility for your injuries. The most commonly used defences are:
- You did not use the product correctly or maintain it properly.
- You or somebody else altered the product or tried to fix the product improperly.
- An unexpected act intervened to cause or contribute to your injuries.
Hiring an Experienced Personal Injury Lawyer Who Covers Product Liability Cases
As briefly mentioned earlier, you should hire a lawyer who can give you advice on how to pursue your case. Your lawyer can also help you to settle out of court or go to trial.
Basically, a good lawyer will do everything in his or her power to assist you in winning your case. However, make sure that you hire a personal injury lawyer who has experience in handling product liability cases, such as the attorneys at https://www.wieandlaw.com.
As for the type of damages your lawyer can help you attain, it depends on your specific case. But you could potentially get compensation for injuries that have cost you not only monetarily but also physically and mentally.
So, the types of damages you could claim include:
- Compensation for lost income due to the injury.
- Compensation to cover the cost of medical bills.
- Compensation to cover the cost of future care.
- Special damages for out-of-pocket expenses like treatments.
- Compensation for the pain and suffering you experience due to the injury.
Also, in some cases, damages can punish the manufacturer or other party for their conduct in allowing a defective product to go onto the market and cause injuries to a consumer. To learn more about defective products, check out these five largest product liability cases in the U.S.