By: Bob Goldwater, Esq., The Goldwater Law Firm
When a person is injured by a defective product and that person files a lawsuit against the manufacturer of the product, it is known as a product liability claim. Although many don’t realize it, product liability claims are some of the most complicated personal injury claims that exist, involving several different legal theories and types of evidence.
If you’ve been injured by a defective product and are thinking about a product liability claim, it’s important that you learn about these suits and what they entail. Read about the issues involved in a product liability claim and find out why you should hire an injury lawyer for help with your case.
One Case, Several Theories
When planning your product liability claim, you need to be aware that several legal theories may be applicable. For example, if you were injured because a product did not include a warning label or was manufactured with a defect, you can use multiple legal theories in your case. However, you will need to choose whether you’re suing based on strict liability theory or negligence.
If you’re planning a product liability claim based on strict liability, there a variety of factors that you will need to prove. First, you will need to show that the product was made available with either a dangerous defect or a lack of warning label. Second, you must prove that the manufacturer intended their product to be bought without any changes to the product. Thirdly, and finally, it must be demonstrated that the product caused an injury.
If you choose a negligence based suit, there are four critical elements you will need to demonstrate. To start with, you must show that you were owed a duty of care. Next, you must show that the defendant failed to uphold this duty of care. After you’ve established these facts, you should be able to demonstrate that the breach of duty was the main cause of your injury. Lastly, it must be proven that you actually suffered an injury.
Breach of Warranty and Fraud
It may also be possible to file a product liability claim based on breach of warranty. In these cases, you will need to prove a warranty applied to the product, whether implied or express and that the product you received did not fulfill the terms of the warrant.
You could also file a claim based on fraud for a defective product. Primarily, you will need to prove that the manufacturer made claims about their product that were untrue and that they knew were untrue. You will also need to show that manufacturer misrepresented their product in order to make a sale and that you were damaged by this misrepresentation.
Talk to an Injury Lawyer About Your Case
Before filing a product liability lawsuit, it’s important to get advice from an experienced injury lawyer like the type you’ll find at The Law Offices of Peter N. Davis & Associates, LLC.
One of our attorneys can examine your case and tell you which legal theory best applies to your product liability claim. Request an appointment with us today and get the legal representation that you need and deserve.
About The Author
Bob Goldwater is a product liability lawyer based in Arizona, and focuses his practice primarily on mass tort cases involving products such as IVC filters, hernia mesh, Essure, and Taxotere. Bob is a graduate of Arizona State University Law School and has helped recover hundreds of millions of dollars for his clients.