A VIOLATION OF TRUST.
Although a product may have passed a government test or standard it does not necessarily mean the product is safe. Many government tests and standards are out-of-date. Furthermore, the products actually tested are usually a tiny fraction of the total number of products released into the marketplace for sale. Also, manufacturers have been found to withhold information from the government necessary to determine whether the product actually passes applicable government standards.
Thus, when a defective product causes property damage or severe personal injury or death, the consumer becomes a victim and may take action in the form of a product liability lawsuit.
Injury can stem from defective products that have:
- Poor design
- Improper manufacturing
- Inadequate warning labels
PROVING YOUR CLAIM.
In order to prove your claim, products liability law requires that you prove all of the following things:
- You were injured or suffered losses.
- The product is defective.
- The defect caused your injury.
- You were using the product as it was intended. (Note: This does not mean, however, that the way you were using the product when you were injured must conform exactly to the manufacturer's specifications. If a manufacturer could reasonably expect an ordinary consumer to use the product in the way you used it, you have likely met this requirement.)
Several parties may be responsible for the defective product, including the designer, manufacturer, assembly facility, wholesaler, retailer, and/or others. Contact us now as, in most cases, there is a statute of limitations that requires product liability lawsuits to be filed within two years of the injury.
WHAT SHOULD YOU DO
If you have suffered injury or property damage from a defective product, you should follow these steps:
- Document all information about the product, the store at which it was purchased (if applicable), the date of the purchase, and the date and circumstances of the injury or damage.
- If possible, take photos of the product, the personal injury/damage and the location of the incident.
- Keep documentation of any time lost at work due to an injury and all medical records and bills resulting from treatment of the injury.
- In cases of property damage, keep documentation of any estimates or repair bills.
- Save the defective product, and do not tamper with it in any way.
- Contact Mehta Law to discuss your claim.
If you or a loved one has suffered an injury or significant property damage from a defective product, please contact us for a consultation.