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Liability in a Defective Product Injury Case

When injured by a defective product, you can hold the negligent party or parties responsible for your injuries. There are many different types of errors that can play a role in a product liability case. When filing a claim of product liability, you will need to show all of the following things:

  • You have been injured or suffered some type of loss
  • There is a defect in the product
  • The specific defect is the cause of your injury
  • You were using the product in the way that it was intended to be used

When proving liability, it must be the case that you actually suffered an injury; you cannot file a claim for something that almost happened or could have happened. You also need to be able to show that the product is defective. The types of defects include: manufacturing errors, design defects, warning failures, etc. After proving that there is a defect in the product, you also need to show the link between the defect and the injury. Arguing that you were injured while using a defective product, but lacking a link between the defect and the injury is not sufficient for a product liability claim.

Another aspect that comes about when showing liability in a defective product case is the way that you were using the product. You must have been using the product in the way that it is meant to be used. If you are using the product for a task that it is not supposed to be used for, injuries may be partially your own fault. For help proving liability in your defective product liability case, team up with a Charlotte personal injury attorney from Saffa Law Firm. We proudly offer a free case evaluation and would be happy to discuss your product liability case with you at no cost, contact us now.