How to Prove a Product Liability Claim
Posted March 25th, 2016 by Anthony Carbone, PC.
Categories: Personal Injury.
When we buy a product, we expect that product to have gone through several safety checks before arriving at the store. Yet when you start using the product, it not only malfunctions on you, but it causes an injury. What should your next steps be?
Defective product liability cases can be complex. You have to prove that the product was faulty and caused your injury, which can be hard to show, especially without the right lawyer by your side. In order to win your claim, you’re going to need to prove the following:
- The product was defective and caused your injury
- You were using the product as it was intended
- You were injured and suffered some kind of loss
So for instance, let’s say you just bought a new hair straightener. You turn the straightener on to low and begin to use it on your hair. However, even on the lowest setting, the straightener gets way too hot and burns your scalp. The burns are severe enough that you have to take a trip to the emergency room to get them treated.
By the sound of it, it seems like you have a product liability case on your hands. But how can you prove the product is defective? The company may say you accidently put it on the highest setting without realizing it.
This would fall under the strict liability rule. Under this rule, you can make a strict liability claim if the following conditions exist:
- The product had an “unreasonably dangerous” defect that injured you as a user of the product.
- The defect had caused an injury while the product was being used in its intended way
- The product hadn’t changed substantially from the condition it was originally sold
Of course, the best way to win a product liability claim is to hire a great personal injury lawyer. If you had a mishap with a defective product, contact the Law Offices of Anthony Carbone today for a free consultation.