Every year, people file thousands of product liability claims. However, only a few of them successfully get compensation because many of them don’t know the right process. If you are also unsure about the process of filing a product liability claim, continue reading.
According to legal experts of The Barnes Firm Oakland, there are three ways an individual can file a lawsuit against a defective product manufacturer. If you have been injured due to a defective product, learn how to file a product liability claim. Before that, learn about different product defect categories.
Product Defect Categories
There are three types of product defects for which you can file a product liability lawsuit against a manufacturer. First of all, you should determine if your case falls under which category?
- Manufacturing Defect: A manufacturing defect occurs during the manufacturing or assembly of a product. Due to this, the product becomes unsafe to use, which can lead to injury. This defect arises when there is a deviation in production from the design.
- Design Defect: A design defect occurs due to a lack of design specification or incorrect design. A design defect can lead to dangerous consequences because it results in defects in the entire product line.
- Lack of Warning: Even though there are no direct defects in the product, improper use of the product can lead to injuries. So, the manufacturer must provide sufficient information and warnings on how to use the product. It is also known as the Failure to Warn defect claim.
How to File a Product Liability Claim
Now that you understand different types of product defects, you can file a compensation claim against the manufacturer in any of the following ways.
Negligence
If you are filing a negligence claim against the defective product manufacturer, you need to prove that the manufacturer owed a duty of care to produce a safe product.
Again, you need to show that the manufacturer or anyone in the product line neglected their duty that results in defective products. Moreover, you also need to prove that the injury is caused due to a defective product produced by the manufacturer.
Breach of Warranty
Another way you can file a compensation claim against the manufacturer is for breaching of warranty. Almost every manufacturer provides documents in the form of manuals, pamphlets, and warranty cards while selling their product showing the adequacy of the product.
So, you can file a lawsuit against the manufacturer if the terms and conditions are not kept that are mentioned on these documents. You can file a complaint about an implied warranty even if the manufacturer hasn’t provided you any written documents.
An implied warranty means the seller implies that the product is fit for a particular purpose. However, if there is any damage or injury caused because of the failure of the product to serve the purpose, you can file an implied warranty claim.
Strict Liability
In this case, a manufacturer will be held liable for a defective product if it causes any damages or injuries to you or your property. Under strict liability, you just need to show that the product was defective before you purchased it. Also, you need to show that the existing defect caused the injuries or damage you claim.
No matter for what reason you file a product liability claim, you should have enough evidence to support your claim. Again, it is not enough to prove that the defective product caused the injury on your own. So, you should hire a product liability attorney or personal injury lawyer who has experience in handling such cases.
Take the Next Step
These are three reasons for which you can file a compensation claim against a defective product manufacturer. Since manufacturers have legal representatives, it’s always crucial to hire a reputable and qualified product liability attorney to file a lawsuit. An experienced lawyer possesses the knowledge and skills who can guide you to face the defective product manufacturer.
