If you suffer damages from using a product in a standard way, you can pursue a product liability claim. As you prepare to go to court, you should know what the law requires you to prove your case for you to be awarded compensation.
Different states have various ways of proving product liability claims. Hence, depending on your state, you may need an attorney to help you understand the processes.
Read on to know what it takes to prove a product liability claim.
Proof the Product Is Defective
One of the first proofs your product liability attorney will ask for is that the product in question is defective. Hence, you should retain the product with its associated instructions and warranties after injury. Experts can then analyze the product at different levels to establish its defects.
The experts will assess the product design to establish its defect from inception and check for mistakes during manufacturing that caused the defect.
Proof the Defective Product Caused Injury
You will need to provide proof of monetary loss or injury caused by the use of the product for you to have a valid claim. Medical records or a copy of the accident report will be helpful to your product liability attorney to pursue fair compensation.
If the product is defective and could cause injury but did not harm you, then you cannot pursue a claim. Hence, you should provide enough proof of injury or loss to sustain your court case.
Proof You Used the Product in the Recommended Way
Ideally, you should use a product per the manufacturer’s intentions. If this is the case and it results in injury or harm, your product liability attorney will encourage you to pursue your case.
Proof the Manufacturer Did Not Warn You of the Hazard
If the dangers of the product you are using are not obvious and the product ends up harming you, you can prove that the injury resulted from a design defect. In this case, the court will check for the warning labels and instructions on the item. If they are vague or difficult to understand, then you have a possibility of a claim.
Product liability claims are complex, requiring proof that your product was defective. Experts will review the products and documents before the courts approve your compensation. Hence, consider hiring an attorney to guide you through these processes, as they can interpret the law with respect to the injuries or damages you sustained from using the product in question for better compensation.