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The consumer has the right to expect their products to be safe when they use them as intended. A product that is defective, poorly designed, or incorrectly labeled can cause injury. The manufacturer or distributor may be held liable. In a civil case, a product liability claim seeks to recover damages for the expenses and impacts incurred due to an unsafe product. There is a wealth of information on what you should do to file a product liability claim. However, there are several things you shouldn’t do.
1. Do not wait to file
Personal injury law covers product liability claims. The statute of limitations varies from state to state. In general, the deadline for filing a claim for personal injury begins on the date the injury occurred. There are certain circumstances where the court will “toll” the statute of limitations, such as when the plaintiff was unaware that the product caused the injury for a period of time. You should not expect to receive an exception from the statute of limitation until your attorney has indicated that it is possible in your case.
2. Don’t forget to look for additional sources of liability
In general, product liability claimants do not have to limit themselves to claiming only one source of liability. If you can prove the liability of multiple defendants in your product liability claim, then it is possible to include them all. Other parties that may be liable include healthcare providers in cases involving defective medical products if the claim also involves a medical mistake. Distributors of the product — such as retail stores — if they knew or should have known about the defect.
Each source of liability represents an additional insurance resource. Insurance policies pay the majority of claims for product liability. It is important to consult your lawyer to identify all possible sources of liability as well as all available insurance resources.
3. Don’t underestimate your own liability
In many cases, there is more than one party that can be held responsible. Many victims are partially responsible for their injuries. Although having some responsibility for your injury will not prevent you from bringing a claim against another party, the insurance company of the responsible party will do everything it can to prove your injury was your fault. You should share with your lawyer any actions you may have taken that might indicate that you are liable for your injury. This will allow your attorney to minimize those claims.
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4. Don’t forget to keep evidence related to your product liability claim
You must be able to prove the following:
- A design or manufacturing flaw or a problem with the instructions label made the product unsafe for consumers.
- This product’s manufacturer, designer, or distributor knew about or should have known about this defect but did not warn the consumer.
- This design or manufacturing defect or incorrect labeling of the products caused your injury.
- As a result, you have experienced certain expenses and life-changing impacts.
Evidence is crucial to your ability to prove the elements of your claim. Keep all documents related to your claim. This includes the defective product and receipt, photos of visible injuries, paperwork about your complaints, and expenses such as medical bills and time missed at work.
5. You cannot file your product liability claim on your own
Product liability claims can be complex. You deserve to have someone on your team to help you improve the outcome of your case.
- Legal advice on your options.
- Your case will be properly valued based on the damages and costs you have suffered and the impact on your life that you have felt.
- Determine all parties liable.
- Negotiation skills to obtain a fair settlement on your behalf.
- Litigation includes the making of opening and concluding statements, the presenting of evidence, and the questioning of witnesses.
- Help with collecting your award.
Please contact us at W. Lee Clark & Associates immediately to find out more about the legal procedure of filing a claim and to receive a no-obligation consultation.
