Steps You Must Take As A Consumer When Pursuing A Product Liability Claim

Product liability claims not only involve injuries caused by a defective product but any other forms of damages that can result. For example, if your home catches on fire due to a defect found in a portable heater, you'll be entitled to compensation for any damage done to your home even if you weren't injured yourself. However, you'll need help from a product liability attorney to gather evidence to support your case.

The Defective Product

If possible, try to preserve the defective product. In some cases, this might not be possible because the product might have been destroyed. An expert witness must examine the product to determine what went wrong. In some cases, the product might have been the result of a manufacturing error and in other cases, the product might have been inherently dangerous. Because a negligent company will not necessarily be up-front regarding how their product is designed, it might need to be analyzed to determine exactly what went wrong.

Make Note of How the Product Was Used

Products are only considered defective if they are used properly and fail in spite of that. The manufacturer would need to reasonably expect that the customer would use the product in the manner that it was used. Everything you did with the product from the moment you picked it up and started using it. 

Take Photographs of the Scene of the Accident

If the product created a mess, take photographs of the scene so you can show the full extent of the mess. If you suffered any injuries, take photographs of the injuries in good lighting. Otherwise, your injuries might heal and your personal injury lawyer will have a harder time connecting your injuries to the defective product. 

Contact a Personal Injury Attorney

Products fall under strict liability. This means that the plaintiff must simply prove that the product was defective irrespective of the intent of the manufacturer. However, there are some defenses that a product manufacturer might make that could be used to dismiss your case.

For example, they may argue that the product has such a great utility that the benefits outweigh the risks. Or, the defendant might argue that a reasonable consumer would expect the product to be defective if it was used in the same manner that it was used. Therefore, you will need an experienced personal injury attorney who will help you argue for why the product was unreasonably dangerous.