When Is A Product Liability Law Attorney Needed?
A product liability law attorney is needed when a manufacturer or designer puts an item on the market that is later found to cause serious complications that are not adequately presented before use. This may be due to one of three reasons – the items can either be flawed in design, flawed in manufacture or it may come with documentation that does not describe the item’s usage well enough.
These civil cases are complex, and require strong evidence to prove the manufacturer’s or designer’s culpability. Though negligence does not have to be shown for the victim to receive compensation, the product liability law attorney does need to show that the victim was injured by the device. Because the vast majority of the items that are brought to court in this way are medical devices, it can be tough to show how they have affected a person’s health. For instance, some joint replacement devices have been recalled because they can corrode or shed debris over time. This can cause severe pain and inflammation, though this may be explained away as a natural part of the healing process. By the time a doctor has spotted the real problem, the replacement may have already permanently affected the function of the joint and destroyed tissues nearby.
A victim will need to keep a tightly organized medical file, as these records will be necessary to show injury. A legal expert who has worked cases in this area will be able to go over these records and show where the evidence lies. In addition to this, the professional will be able to call on other experts to further strengthen the victim’s case.