If you have ever purchased a product, you reasonably expect the product to function normally and not cause you any injury or pain upon using it. If you have experienced injury or damage due to a product, you may have a case against the manufacturer. Product liability law is in place to help protect consumers and require manufacturers to do their due diligence before placing an item on the shelf for sale. Although the law is in place, some manufacturers will try to circumvent the law and not test their product fully. When product testing is not performed fully, you may become injured when using a product.
How Are Products Defective?
Products can be defective in many ways, and may cause injuries in a multitude of ways, as well. One person may sustain eye damage from a product and another sustain life threatening respiratory problems. The type of injury that occurs depends on the product, what happened, and the way the person was injured.
There are usually three types of defects that occur with a product. These include marketing, design, and manufacturing defects. During any of these processes, something with the product can go wrong and the result can leave you with injuries.
Formaldehyde Claim in Personal Injury Case
Recently in Las Vegas, a couple filed suit against Lumber Liquidators claiming their products contained more amounts of formaldehyde then they were led to believe. The couple installed the flooring in their daughter’s residence and soon realized the label was hiding the truth behind the product. The flawed product has since caused health concerns and the vacating of the girl’s residence to protect anyone from the formaldehyde exposure. Lumber Liquidators is now facing a suit for personal injury, property damage, and product liability.
Document Your Injuries
Seek medical attention once you have been injured by a defective product. Take pictures and jot down everything your medical professionals tell you. Make sure to get copies of your medical records to use later on in court.
Prove Who the Liable Party Is
Before you will make it anywhere in your personal injury case, you will need to prove that the manufacturer or maker of the product did not take the steps necessary to prevent injury or harm from their product. To prove the case, you can explain how a normal product should function and what happened with your product. You want to paint a picture to the judge and those hearing the case.
Injuries Caused from Some Products Are Not Considered Claimable
For some products that are on the market, you are not allowed to make claims from some injuries that occur with them. For example, a knife is a product where the person purchasing the knife assumes the risk that they may cut their finger on the blade. The manufacturer is not liable in this case, as it is an assumed risk and having a sharp knife is unavoidable if you want it to be effective.
If you believe you have a product liability case or a personal injury claim, speak with a qualified attorney first to discuss your injuries and the product.