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Personal injury cases can be complex. Product liability is one of them. These cases can involve several defendants and may raise different theories of liability. In any product liability lawsuit, proving the defendant’s fault is one of the most contentious issues. This article explains what must be proven to establish the guilt of a defendant. This article will also cover the process for proving fault.
How to Establish Fault in a Case of Product Liability and Recover Damages
To recover damages for a product liability claim, the victim must show that the product had been designed, manufactured, or marketed in a defective manner. The defect must also have caused an injury. If all of these conditions are met, a victim could be entitled to compensation for medical costs, lost wages, and pain and suffering. In extreme situations, the injured individual may be entitled to punitive damages. To prove that a product’s design, manufacturing, or marketing was defective, a victim must show that using the product in the way it was intended created a hazardous condition, or that marketing implied that the product could have been used in a manner that led to a harmful condition.
Proving That a Product Was Designed, Manufactured, or Marketed in a Defective Manner
Keep Evidence Right After an Injury
It is vital that you keep as much evidence of an accident as possible. It is important to preserve the item that was defective. That includes shooting as many pictures of your injury, the site of the accident, and the product in question as you reasonably can. And jot down that information right after it happened, while you remember everything. If you can, it is a good idea to video the incident. This will help put things in context. It is also important to seek medical attention immediately to establish that the injury was caused by a product defect.
Discovering the Truth
The discovery process is an important step in establishing liability if litigation becomes necessary. Discovery is a process that allows you to obtain information from the other party in a lawsuit. It provides a number of tools for doing so. Interrogatories are written questions that require written answers from the defendants. Requests for Production are also useful tools that allow the collection of documents, records, and tangible items. Depositions are also useful for obtaining sworn testimony from the parties or non-party witnesses. The nature of the discovery tool and the information sought will vary according to the specific facts and circumstances of each case.
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Expert Witnesses
To prove that a product is defectively manufactured or designed, it often requires specialized training or knowledge. These facts could be related to the industry standards for specific types of manufacturing or steps that should or typically be taken during the design phase. Understanding industry standards and practices when it comes to how a product will be marketed is also important. Florida’s rules on evidence prohibit lay witnesses from testifying in relation to such matters. To testify about these topics, the Court must accept a witness as an expert.
The Court will allow a witness who is deemed an expert to testify before the jury. Your attorney’s expert will testify as to why your product is defective. Defense experts will be able to testify. The jury will decide how much weight each expert’s testimony should be given.
The Jury’s Role
The jury is the final arbiter of whether or not the defendants are liable. The jury will also determine the amount of damages that should be awarded, as well as if any award should have been reduced because of comparative fault. Remember that jurors tend to be ordinary citizens who don’t spend much time thinking about product liability issues. You should retain an attorney who can concisely and simply present your case before the jury. Your counsel may fail to make the case in a clear, concise, and straightforward manner. This could lead jurors to miss important points.
How to Choose the Best Attorney for Your Case
It can be time-consuming and costly to establish fault and damages in product liability cases. The discovery process can take many years, especially when multiple defendants are involved and a large amount of documentation is involved. Depositions, as well as other activities related to discovery, can be expensive. Expert witnesses usually charge a lot of money. These costs are all paid by your lawyer upfront. And you won’t receive payouts until a settlement is reached or a verdict is reached.
Don’t hire an attorney who does not have adequate resources to finish your case. If you retain counsel without the resources necessary, your lawyer may have to withdraw from the case while it is still pending. Your case could be severely damaged.
Contact a Florida Product Liability Attorney Today
You should consult an attorney as soon as you can if a defective product has caused you or someone in your family harm. We at W. Lee Clark & Associates are a personal injury law firm that believes in protecting the rights of individuals over the interests of corporations. Call us at (941) 207-7477 or contact us online to speak with a Florida attorney.
Call Us At (941) 207-7477
