Posts made in October, 2015

Requirements for a Defective Product Lawsuit

Posted by on Oct 9, 2015 in Personal Injury | 0 comments

Defective products can cause a number of injuries and illnesses, sometimes severe or even fatal. When these products come into the hands of innocent and unsuspecting consumers, victims may seek compensation from the company responsible for the defect. However, it is important to understand the requirements for a defective product lawsuit.

The most obvious requirement is that the product was actually defective. According to the personal injury lawyers of shw-law.com, this can take the form of a manufacturing, design, or marketing defect. Another element in any defective product lawsuit is that the product caused some sort of injury or monetary loss to the consumer. Even if the product was defective, if no injury or loss occurred, a defective product lawsuit likely does not exist. You must also be able to prove that the defect was the actual cause of your injury. For example, even if a coffee maker has a tendency to catch fire when being used, if it is shown that you had it near water when the fire occurred, it may be shown that your actions caused the accident rather than the defect of the product. Lastly, you must have been using the product as it was intended or in a way that the manufacturer would reasonably assume a person to use it for. Essentially, if your injury occurred when you were using the product in a way other than its intended use, you may not have a defective product claim.

When all of these conditions are met, it is often possible for people to receive compensation for the suffering they endured at the hands of a defective product from the manufacturer. When we buy a product, we rightfully expect that the products are safe for not only us, but our family as well. If a company violates this trust, it is often their responsibility to ease the turmoil caused by the defect.

Read More