If you have been injured by a defective product, there are several variables you will need to prove in order to have a successful product liability claim. Products liability law requires that the following elements must be proven:
- You sustained injury and loss
- The product in question was defective
- The defect directly caused your injury
- You were using the product as intended by the manufacturer
Injuries and Damages
It is important to prove that you were injured by the product and that as a result of the injury, you suffered compensable losses. Even if a product is defective, without any injury or damage, you will be missing an important element in your product liability claim
Most product liability lawsuits are based on one of the following categories: manufacturing defects, design defects or marketing defects. It is also possible for a product liability claim to involve a combination of these categories.
A manufacturing defect can occur when some sort of error in the production of the item caused it to not function properly. A manufacturing defect may not affect an entire line of products. Indead, the flaw may only be present in one product out of the entire line. For example, if an oversight led to a motorcycle being produced without its brakes, then that product would have a manufacturing defect.
A design defect is a flaw inherent to an entire line of products. An example of a design defect could be a type of SUV that is prone to rolling over when turning. A design defect will affect an entire product line, but it must be shown that the design defect was what led to your injuries, rather than an accident caused by your own negligence.
A marketing defect is a failure to give adequate or accurate instruction or warning about the use of a product. For example, if a particular medicine did not have a warning label informing consumers that there could be dangerous side effect if the medicine was taken in combination with another medicine, then that medicine would have a marketing defect.
The Defect Caused an Injury
In order to have a successful claim, you must be able to link the defect to your injury. Some cases can be straightforward, and some can become much more complicated if the defendant is working hard to prove the product did not cause the injury. An experienced attorney can argue on your behalf in order to prove your claim.
Finally, you will need to show that you were injured while using the product for its intended purpose. In order to have a valid claim, you will need to demonstrate that you were using the product as the manufacturer had intended, and therefore the product should have been made safe for that purpose.
San Antonio Product Liability Lawyer
Product liability claims can be complex. The defendants and their insurance companies will work hard to prove that their product did not injure you. You need an attorney working hard to get the compensation you deserve. For more information, contact a San Antonio defective product attorney from Hill Law Firm – (210) 960-3939.