Every defective product lawsuit has to prove several things before a victim can secure a settlement, and these claims can quickly become highly complex affairs. They represent a huge portion of injury claims, though, as they can involve everything from children’s toys to automobiles. But even two cases that involve the same item can be extremely different from each other, and so no two claims are the same. Because of this, an attorney will need to be able to react quickly to the defense and be completely prepared once they step into the courtroom.
WHAT DOES A VICTIM HAVE TO CONFIRM DURING A DEFECTIVE PRODUCT LAWSUIT?
There are four elements to every successful claim, and they include:
- Proof that the victim was injured – It might seem obvious, but a victim has to be hurt or sustain some kind of damage before they can recover compensation. It’s not enough for someone to experience a near-miss or sustain a superficial injury that leaves no lasting effects. There has to be a significant injury, and it has to be verified through medical records.
- Proof that the item in question is flawed – The item has to harbor some kind of manufacturing or design flaw that could cause the item to fail in some way. For example, if the anchoring screw in a chair comes loose and causes the chair to collapse, it may be due to poor construction or chair design.
- Proof that the flaw was responsible for the injury – The victim will also have to draw a clear line between the item’s flaw and the sustained injury. For instance, if someone drops a pot on the their toe, it doesn’t entitle them to a settlement. However, if the pot’s handle suddenly came loose due to poor manufacturing, then that is grounds for an injury claim.
- Proof that the victim was using the item properly at the time of the incident – If that same pot comes apart when the victim was using it to hammer in a nail, then it’s unlikely that their claim will stand up in court. If the victim was cooking something, though, then the claim may proceed.
What constitutes proof will depend on the defective product lawsuit, but photos, manufacturer history, other incident reports, medical records, and witness testimony can be used to build a strong case for the victim’s side. An experienced attorney will know what kind of evidence to gather and present, and this will help produce the best settlement possible for the victim. And in some cases, there may be problems with both the manufacturing and design of the item. For example, an SUV may crash after its brakes fail and cause the vehicle to roll over. The mechanical failure may be a manufacturing flaw, but the rollover could be due to poor vehicle design. In this case, the vehicle’s builder and designer may both be named as defendants.
No matter the case details, an injury attorney will provide the representation and knowhow to ensure the best possible outcome for their client.