Defective product cases are common tort proceedings in state and federal courts today. You hear about them all the time, particularly in relation to the auto industry. Auto manufacturers are frequently recalling models due to defective parts or defective designs–some that lead to injures or death.
Consumers often encounter defective products that can cause injury or death, but that does not mean they necessarily have a defective products claim. Even after suffering injury after having used a product with a design or factory defect, it is not necessarily true that you automatically have a defective products personal injury case.
There are very specific conditions that must be proven before a plaintiff can win a product liability claim.
First, you have to prove that: 1) the product is defective, possessing a defect that distinguishes it distinctly from other examples of the same product mechanically or compositionally; or that 2) the product's design (or formula) is flawed in the first place.
Proving a flaw in the product's manufacture may be tricky, depending upon the subtlety of the flaw. Again, however, it must e shown that the defect in the specific product in question distinguishes it from other examples of the same product.
Proving a defect inherent in the product's design could be a massive task as it could take expert opinion to back up such a claim. Also, you have the task of showing the flaw exists in every example of this particular product.
Again, depending upon the subtlety of the defect, this can pose a significant challenge for any personal injury claimant. Even after having demonstrated the above conditions, a plaintiff must also show that it was the defect that caused their injury or injuries. And that may also be an uphill battle.
Say, for instance, we take the example of a defective auto part or design. If you find yourself injured in a car accident and it's discovered that that car was among models that were, shortly thereafter, recalled. You don't actually have a defective products claim until you have effectively demonstrated a causal link from that defect to your injury.
If there are other conditions that could have caused the accident, and, in effect, your injuries (i.e. driver negligence, road conditions, driving while intoxicated), you may find yourself in a bit of a struggle trying to win a defective products personal injury claim as a result.
A third factor we'll discuss in a future post is proving manufacturers provided no warning in the possible risks involved in normal use of the product, making defective products claims extremely difficult personal injury cases to argue sometimes.
That is why it's extremely important that, should you find yourself injured as a result if what you believe to be a defective product, you consult an experienced personal injury lawyer who can review the facts of your case and help determine if your have a claim help you file it.
The attorneys of Panio Law Offices have a wealth of experience in product liability claims. We have won millions of dollars in damages for our clients. We understand how to how to look at the facts and effectively demonstrate liability in these cases. we work with seasoned experts to demonstrate cause and we work hard to win the widest possible damages in every case we present.
If you have any questions about a defective product case or would like more information, please call (312) 313-0305. We can help.