Manufacturers and other companies involved in the stream of commerce owe a duty to consumers to ensure that products are safe. If you were injured by a defective product, you may be entitled to compensation for the damages you suffered, including medical expenses, lost wages, and pain and suffering. However, product liability claims are often complex and require detailed proof of the defect to support your claim.
To learn whether you have a product liability case, it is important to speak to the Cincinnati product liability lawyers from O’Connor, Acciani & Levy. Our team can thoroughly investigate your claim to determine if a product defect caused your injury. We provide a free, no-obligation consultation to discuss your rights.
Below are four elements you need to prove in order for your product liability claim to be successful:
The Product Caused Your Injury
The first element of a product defect claim is that the product is linked to your injury. If you did not suffer an injury or suffer damages, you will not have a viable claim. It is not enough to say that you were almost injured. Without actual injury or other damages, you have no claim.
The Product Is Defective
You must be able to show that the product was defective and that the defect was not obvious to an average consumer. There are several ways that a product can be defective, including the following:
- The product was unreasonably dangerous – This type of claim states that the product was inherently dangerous because of the way that it was designed. You may need an expert witness to help demonstrate how the product was defective at its inception.
- There was a mishap during the manufacturing process – This type of assertion claims that there was a mistake during the manufacturing process, causing a flaw that resulted in the product becoming defective. For example, the product may have been cracked during the process or a machine may not have been calibrated correctly, resulting in a defect to a certain batch of the products.
- The manufacturer did not provide adequate warnings – Manufacturers are required to provide reasonably adequate warnings and instructions. For example, products should explain if there are risks of burns or electrocution. These warnings may need to be noticeable and prominent to be effective.
The Product Defect Resulted In Your Injury
You must also be able to show that the defect was the proximate cause of your injury. You must be able to link the defect directly to your injury. You cannot simply rely on saying that you used the product and you were injured. You must show you were injured by the defect.
Obtaining your medical records showing the injury you suffered from using the product and a copy of accident report can help you build a strong case for pursuing fair compensation.
You Used The Product As Intended
A product liability claim must be predicated on the fact that you used the product as it was originally intended to be used. This is because the manufacturer must be able to foresee that you could have been harmed by the product. If you used the product in a way that was not appropriate, you may not have a viable case.
Get In Touch With Our Experienced Legal Team
Product liability claims are quite complex and require proof that the product was defective and you sustained an injury during the ordinary course of using the product. To prove your claim, you will need the help of an experienced product liability lawyer at O’Connor, Acciani & Levy.
We will thoroughly examine your situation and inform you of your rights. We offer a free, no-obligation consultation and charge no upfront fees, so there is no risk in getting in touch with our firm. You only pay us if we help you recover compensation for your claim.