The products that you use every day are supposed to work as promised, or at least not malfunction and break in a way that causes you to get hurt. Unfortunately, dangerous products are released every day. From dangerous cars to drugs that cause unexpected side effects to medical devices that fail, these bad products can cause serious injury or even death.
If you or a loved one is harmed by a defective product, you have legal rights. You can make a damage claim against the manufacturer of the product or against those responsible for selling it to you. Making a defective product claim can help to ensure you aren’t left with medical bills that destroy your financial future and can provide you with compensation in case your injuries prevent you from working. You can even be compensated for pain and suffering, emotional distress or lost companionship for serious injuries or for the death of a loved one.
To get the compensation you need, it is up to you to pursue a damage claim. Call or email us today to schedule a free case evaluation and to get answers to important questions about your potential case.
Can I Recover Compensation After a Defective Product Hurt Me?
Public policy states that every product manufacturer needs to test its products to ensure they are safe. As a result, special rules called strict liability rules apply in product defect cases.
Under strict liability rules, you can sue the manufacturer of a dangerous product if it causes you to be injured when used as intended. You don’t have to prove negligence or that the manufacturer did anything wrong in order to be compensated for injuries caused by a dangerous product.
You can also make other legal arguments to hold the manufacturer accountable, including:
Negligence in the design, manufacturing or sale of the product
Breach of warranty (either express written warranty or implied warranty)
Failure to warn you about risks or side effects of the product
A defective product liability attorney will help you decide how best to pursue your claim to recover compensation for both economic and non-financial loss.
What Should I Do to Get Money for Losses Caused by a Defective Product?
If a defective product causes you to suffer damage, you can pursue a claim in either state or federal court. It is very common for hundreds or even thousands of people to get hurt by the same defective product, so there are large cases called multidistrict litigations (MDLs) and class actions that allow many claims to be tried together or to be tried before the same judge.
You could potentially become part of one of these mass tort actions, or you could pursue your own individual case. Product manufacturers are also frequently eager to settle cases and pay compensation without going to trial.
Before you become part of any case or sign any documents, you need to ensure you aren’t giving up your rights and that you are being fully compensated for all of your losses. An attorney who has experience with defective product cases can help you make the best decisions so you aren’t left with financial damage due to the product defect.