What Are My Options If My Injury Wasn’t Caused By Negligence?
Almost everyone has been hurt while using a particular product, whether they were bruised or burned and in many cases people assume it was just an accident. While this may be true in most instances, there are times when an injury actually occurs as a result of a defective product.
Defective product liability claims are essentially seeking to prove the negligent and careless acts of a manufacturer for the product they created that led to the eventual injury.
Defective Product Liability Claims
The first element of a defective product liability claim is to show that the product caused you to suffer an injury. Even if the product is dangerous and could lead to serious harm, it will be difficult to bring a claim unless you have suffered an injury, such as being cut by a product, getting ill from it or having property damage.
To establish that the product caused you injury, it is important that you seek medical attention for any physical injury you suffered from using the product. Be sure that you mention the cause of your injury when you seek medical assistance. Your medical records may be able to establish the link between your injury and the defective product.
Defective product liability claims can generally be broken up in three separate categories; the manufacturer defects, defective design of the product, or the company’s failure to present proper instructions or warnings about the product.
Manufactured Product Defects
These defects are flaws in products that occur during manufacture or assembly of the product. They are usually considered errors or mistakes during the manufacturing process and they render a product unreasonably dangerous to use. An example would be that your new car brakes do not work and you are involved in an accident. After the accident is investigated, it is found that there were no brake pads in the vehicle. This would be considered a defectively manufactured product.
These occur when products are unreasonably dangerous as designed, even when they are used as intended. They make the entire line of products essentially dangerous. An example would be an electric blanket, which is commonly used on beds for the winter. If the product would shock or electrocute users when turned on high, it would be deemed dangerous and could cause severe injuries. It is therefore a design defect.
Warnings and Instructions
Product manufacturers have a duty to provide sufficient warnings to consumers of the known or possible dangers associated with using the product as it was intended. These warnings must be clear to consumers and properly labelled on the product. When a product does not provide reasonably adequate instructions or include clear warnings about the possible dangers of using it, people who suffer injuries while using it may have grounds for legal action.
Contact a solicitor for help with your Product Liability claim
Defective product liability claims can be a complicated process and may require a thorough investigation into the manufacturing process to determine how the defect occurred. For this reason, it is essential that you contact a specialist personal injury solicitor in order to help you with your claim.
If you or a loved one has been injured by a defective product, our expert team of solicitors are here to help you with everything from access to medical care, guiding you through the rehabilitation process and assisting you in claiming the maximum compensation that you are entitled to.
To speak to one of our personal injury experts call 0808 271 9413 or request a call back online.