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How to Identify a Products Liability Case

Consumers in America buy millions of products every year. From motor vehicles to medical devices and generic consumer goods, these products can range greatly in purpose. No matter the type of product you bought, if it caused you a serious injury while being used correctly and safely, you could have a products liability case. However, determining whether you have a strong case isn't that simple. There are some key elements that must be present in order for you to develop a strong products liability claim. Even with a valid claim, you aren't guaranteed a successful outcome against a huge corporation or products manufacturing company without a strong case.

So what should you look for to find out if a products liability claim is possible? Keep reading.

Three Key Elements in a Products Liability Case

In order to craft a strong case, you should be able to prove:

  1. You suffered a serious injury or some type of damage;
  2. The product in question was defective or lacking in warnings / instructions; and
  3. This specific defect or issue directly led to your injuries or damages.

More than that, you must prove that you weren't negligent, reckless, or using the product in an inappropriate way. If you weren't using the product as intended by the manufacturers, it can make it nearly impossible to recover fair compensation.

If you don't have evidence to support the points listed above or aren't sure if you could back them up, you may not have a valid products liability case. Just being threatened with injury doesn't count for a case, you must have actually suffered damages in some way.

What to Do if You Have a Case

Simply stating that you have been hurt by a product won't be enough to support your claim. You'll need some solid evidence to demonstrate why and how much compensation you deserve. That means if you were injured, make sure you take photographs of the injury, the product in its current state, and the scene of the incident if additional damage occurred (such as a fire).

It is important that you identify the party responsible. Was the product defect due to design? Was there a lack of warnings that should have been provided? Did a manufacturing error cause the issue? Finding out what caused the accident can help you determine who caused it. In some cases, multiple parties may be held accountable such as product designers, manufacturers, and retailers.

Once you've compiled this information, you can begin to build a strong case for a products liability claim. If you aren't familiar with the laws surrounding these types of cases, it may be very beneficial to retain counsel from a seasoned products liability attorney. A lawyer can help you perform investigations, gather documents, craft a compelling claim, and stand up to large companies.

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