How To Know If You Have A Claim For Injury Caused By A Defective Product

Image by Oskars Zvejs from Pixabay

It is assumed that there are protections always in place to keep people safe. For instance, at work there are workplace regulations that keep employees from getting sick or injured. Likewise, when a product is purchased it is assumed it will work in a correct manner and not cause any injuries. 

This is true in most cases, but there are still accidents at work. And the manufacturing process is not able to produce 100% nondefective products. At some point there are going to be exceptions. When this exception causes an injury it is important to know what to do. 

In this article, we will go over how you can prove that an injury was caused by a defective product. 

Did you suffer damages?

A law firm that specializes in personal injury like website needs to see that there was some kind of damage from the injury. There are two different kinds of damage. One is a medical one in which an actual injury was caused. This injury needs to be documented by a medical professional. 

On the other hand there is financial damage caused by the product. A claim can be made if the injury you suffered as a result caused a loss of work which led to financial hardship. In some states financial damage can be separate from a physical injury. For instance, if the defective product was needed to complete your work but cause a loss of work as a result of not working correctly.

Proof the product was defective

The next step goes beyond proving that there was an injury. It needs to be concluded that the injury was a direct result from a defective product. Note that using a product incorrectly that leads to an injury is not grounds for a claim. 

There is an exception to the use of a product incorrectly. If there wasn’t an adequate warning about what could happen if the product is not used properly then this is an opening for a claim. 

Otherwise, a product can be defective due to a manufacturing problem or from poor design. An expert needs to do a thorough inspection to determine what the cause of the defect was. In some cases the defect is actually caused by the user and not as a result of the manufacturing process.

Bad design is one in which using the product as directed causes an injury. An example would be a poorly designed fan whose blades can make contact with a body part. 

Did the product directly cause your injuries?

This last phase of the process is potentially the most important. Did the product cause the injury directly? Was the product being used as directed? 

This part of the process will need some testimony from experts that are convinced that the injury was the direct result of a defect in manufacturing or design. Any medical documentation is also relevant to the claim of an injury from a defective product. 

Related Posts