Legal help for Proving Defective Product Liability

  • By:David Bate

Personal Injury Lawyer

If you or a family member have suffered injuries from a defective product that you have used, you may be in the position of having a defective product liability claim. If this is the case, it is imperative that you get the legal help you need in proving liability and ensuring you or your loved one get the damages deserved. This is where an attorney, like a personal injury lawyer in Phoenix,

What do you need to prove?

If you have been a victim of a defective product and suffered personal injury, one of the first things you will need to do is determine how to prove liability. Although it will vary from state to state, your lawyer will typically need to show that from the defective product, you:

  • Suffered losses or were injured
  • The product itself was actually defective
  • The defect specifically caused your injury
  • You were using the product as it was intended through the instructions

A closer look

Actual injury. If you were actually injured or suffered a monetary loss due to a defective product, you might have a case. However, if something terrible almost happened but you never suffered an injury or loss, you probably cannot create a case. If, for instance, an easy-bake oven catches fire, but you are able to put the fire out before it causes any harm or does damage to your house, the easy bake oven almost caused serious damage or destruction, but it was avoided in time. If there is no resulting harm, no claim can be made.

Defective. You must also prove the product is defective. It must not be operating in the way that the description says it is supposed to. This could come as a result of trying to prove there is a manufacturer error, a failure to warn of a hazard, or there is a design defect in your product.

Defect caused the injury. You must be able to prove that the defect caused an injury. If you are able to demonstrate your injury is a direct result of the defective product (perhaps through immediate medical attention), you will have a stronger case. Finally, you must have been using the product in the way that the manufacturer stated it should be used. If you were using the product in a way that any other reasonable consumer would use it (like if you were using the easy bake oven to make the type of brownies listed on their specific recipe book), then you are proving that you were not using the product in a way that is out of the ordinary.

Thanks to our friends and contributors from Rispoli Law PLLC for their insight into personal injury practice.

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