Having an accident which impacts on your life is stressful. When you are trying to cover medical costs and need to take time off work to recover, it is important that you know what your financial options are. Personal injury attorneys help people who have been through an accident and now seek recourse from the other person who caused it. Before you meet with a personal injury attorney, there are details you need to gather so the attorney can help you with your case. These posts are all about what accident and personal injury attorneys do, what they need from you, and the different situations where using one is beneficial to your lifestyle.
Products can fail for a variety of reasons, and sometimes they happen with serious effects that cause injuries. Here is what you need to know about your rights when you or a loved one is injured by a defective product.
Is The User Ultimately Responsible In Product Liability Cases?
A big question that will need to be answered in a product liability case is who is responsible for the product defect. Someone will eventually need to make a decision about if the product itself was defective and out of the user's control or if the user did something wrong that caused the product to fail. There may also be products that cause the user to assume a risk when using it. For example, if you are riding a bike there is a known risk that you can fall off the bike and be injured. The entire circumstance must be looked at to determine who is responsible.
Do Warning Sticker Prevent Lawsuits?
You may think that you do not have a valid product liability case due to the item that injured you having some sort of warning sticker. This may not always be enough to cover every possible outcome that can happen from using the product. While it may be enough to warn about improper use, there are still plenty of situations that the manufacturer can still be found responsible for, such as a product that did not undergo proper safety testing or had a manufacturer's defect that caused an injury.
Does Using A Product Improperly Prevent Lawsuits?
You must take a step back and look at how you may have misused the product to cause your injury, because you may not have a case depending on your unique situation. For example, if you are using a product for an entirely different use than intended, you may not have a valid case on your hand. However, you may have a case if you were unable to use a product properly because the directions were too difficult to follow. This is often the case in car seat-related injuries when a car seat has complicated directions to install and the user cannot understand what to do.
Do Product Age Limits Prevent Lawsuits?
Another reason that people feel like they may not have a valid case is that a child was injured when using a product that they were too young for according to the age warning. This is another situation where you must look at how the injury happened and if the injury could have been prevented by designing the product in a different way. For example, many child toys have battery covers that screw shut so that they cannot be removed, since the battery could be a choking hazard. Not developing the toy with a locking battery compartment could be seen as a failure by the manufacturer.
To learn more about product claims, check out the site.
Share22 October 2020
