If you or a loved one have been injured by a product, you may be uncertain about what to do. You may be dealing with medical bills, lost time from work, or even permanent injuries that affect your day-to-day life. When an injury caused by a product has impacted your life, you have rights. And, the best way to defend these rights is to work with a product liability attorney who has the experience required to recover damages that are owed to you.
Proving a Product Liability Case
In any case involving product liability, the plaintiff has the burden of proof. This requires showing certain elements were factors in the case:
Defect: Proof that the product was defective
Causation: Proof that the injury was caused by the product
Injury: Documented injuries
Duty: The manufacturer or seller of the product had a duty to make or sell a safe product.
Types of Product Liability Cases
It’s also important to consider what caused the injury. There are three primary types of defects:
Manufacturing Defect: Was the product manufactured or produced defectively? In these cases, the product was designed properly but made incorrectly.
Warning Defects: This type of case involves a product that did not have a sufficient warning label or instructions.
Design Defect: If a product was designed in a way that led to the injury, there could be a design defect. With this type of case, there is the potential of many consumers being injured.
In some cases, there may be multiple causes for the defect.
What to Do Next
You’ve been injured and believe you have a possible product liability case. There are some initial things to do that can help you increase your chances of obtaining compensation for your injuries.
- Save the product that injured you along with its packaging and instructions. This will be important evidence!
- If you purchased the product, save the receipt.
- Carefully compile medical records, paycheck stubs that may show missed time from work, and receipts for anything related to the injury. These will be reviewed if and when damages are calculated.
- Research if there is currently any recall on the product.
Compensation for Injuries
If you are able to prove that your injuries were caused by a defective product, you may be able to recover damages. These include:
- Compensation for medical expenses, time lost from work, and property damage
- Loss of consortium (damages for the effect the injury has had on your relationship with your spouse)
- Punitive Damages
Choosing the Right Attorney
In most product liability cases, attorneys work on a contingency fee basis. This means that you don’t pay for the attorney’s services unless there is financial compensation for the case. If you want to take the next step in filing a product liability case, it’s time to speak with a qualified, experience product liability attorney. At Hodes Milman Ikuta, we have achieved a strong record of million dollar verdicts and settlements in defective product litigation. We can help you, too. Contact us today for a free consultation at (949) 640-8222.