Proving That The Defective Product Caused Your Injury
Consumers often do not pay close attention to the products they purchase. They assume that a prescription medication will contain the substance described on the label and they do not expect that a kettle will have a hairline crack. However, when a product is defective, its normal use may lead to a serious injury. After you have suffered an injury as a result of a defective product, you will need to perform an investigation with the assistance of your attorney to gather the evidence that is necessary to prove that the defective product caused your injury.
Identifying Manufacturing Defects
Describe the product in detail. Often, the cause of a defective product is a manufacturing error that leads to a critical component not being included. For example, a bicycle might not have brake pads. The manufacturing defect is a direct piece of evidence that the product was defective and may have caused your injury.
Determining Whether The Product Has A Design Defect
Sometimes, the manufacturer constructs the product while correctly following design specifications, but the original design of the product was flawed. For instance, if a wire is not properly insulated and this leads to a fire, this would be a design defect that could lead to a successful personal injury lawsuit. However, if the product is dangerous even if it is designed perfectly and if the danger associated with the product is self-evident, you may not be able to sue for a personal injury. For example, if you cut yourself with a knife, you would not be able to sue for a personal injury because the intended purpose of the knife requires that it have features that are inherently dangerous, such as a sharp edge.
When The Manufacturer Fails To Warn The Consumer
If a product has a potentially harmful feature, it is the requirement of the company to warn the public about this harmful feature. This is usually accomplished through a warning label. If there is a feature that could potentially cause harm and you sustain an injury while using the product properly, you can file a lawsuit for this reason. Also, if a product is recalled, but the manufacturer did a poor job contacting customers about the recall, this could be used as a reason for a lawsuit. For example, if the manufacturer mailed letters to all of the consumers affected by a defective product, but failed to mail a letter to you, this could be used as evidence of a failure to warn the public. In these types of situations, it is often better to organize a class action lawsuit.
For more information and legal advice, talk with a personal injury attorney.