If a consumer product you purchased has injured you, you may be able to file a claim against its manufacturer. There are, however, several factors to consider when contemplating filing legal action. First, lawsuits involving injuries or monetary damages incurred from an allegedly defective product are commonly known as product liability cases, and the rules for product liability cases vary greatly from one jurisdiction to the next. While in some states product liability cases are relatively easy to file and carry out as the plaintiff, other states have much stricter guidelines, limiting the types of product liability cases that may be filed as well as what manufacturers or distributors can even be sued. Monetary damages may also be severely limited by laws in these states. Thus, when an individual is injured using a product, the first factor to be considered in determining the viability of their product liability suit is the place where the injury occurred. In some cases, the location of the manufacturer or distributor may also be relevant. A local product liability attorney, familiar with the laws of your state, will be able to make the best assessment of the strengths and weaknesses of your case.
Assuming that no significant jurisdictional issues exist and the lawsuit can proceed, the next hurdle to clear is that of proving damages. Damages are the injuries to person or property allegedly sustained due to the defective product. Most product liability cases involve injuries to one’s person. Therefore, without a medically documented injury, a product liability case is unlikely to get very far. If an injury is slight – for example, if a pair of shoes causes blisters or the placement of the seatbelt clip in a car bruises a leg – the likelihood of a successful product liability claim is nearly zero.
However, when an injury caused by a product is severe or abnormally persistent, a product liability lawsuit is much more viable. Even one instance of seeking medical assistance, whether it be a trip to the ER for stitches or to see your doctor for some type of severe adverse reaction, can be enough to establish a medical record backing up the alleged injuries and making your injury claim a legitimate, actionable one.
Once the determination is made that an actual injury occurred, and the injury is backed up with medical documentation, the next and perhaps most important step is figuring out whether the product was the cause. In many states, this means proving that the product was actually defective. This is an important point – a product that causes an injury is not always a defective product. Thousands of products can cause an injury, and virtually any product, if used in an improper manner, can be considered dangerous. The key is showing that the product was defective due to a manufacturing flaw, or a flaw in the design of the product itself. If you’ve used a product in the manner and for the intended purpose, and the product still causes an injury, then there may indeed be a design or manufacturing defect, allowing for a successful product liability claim. However, if you’ve used the product in an improper manner, or one that the manufacturer warned against, the likelihood of a successful product liability claim is very low because the manufacturer’s lawyers will exploit this fact. It may be possible to claim that the product was inappropriately marketed or advertised in a way that encouraged you to use it in the manner that led to your injury, but marketing defect claims are extremely complex and difficult to prove.
One final point to consider is whether other people were injured in the same manner by the same product. If you’re not the only one who has been injured by the product, a class action lawsuit could be an option. A class is a group of plaintiffs, all with common claims, who would all file essentially the same claim as individuals. For reasons of judicial economy, courts may allow large class actions to go forward against manufacturers for product liability claims. Search online for product liability class actions existing against specific manufacturers. If a product has injured many people, chances are that a class action against its manufacturer or distributor is pending. These class actions are often publicized, and you may be able to join one based on the facts of your individual case.
The procedures and likelihood for success of product liability lawsuits vary greatly from state to state. If you believe you were injured because of a defective product, your first step should be to contact a product liability attorney in your area. A local attorney will be best situated to explain the product liability laws in your state and give you a fair and realistic assessment of your case. As a general rule, though, if you’ve been seriously injured due to a defective product, there is likely to be some remedy under the law.