In the first half of this article, Ronemus & Vilensky explained the different types of defective claims you might have if you have suffered from an injury caused by a product you have used.
In this second half of the post, your trusted accident lawyers answer some of the most common questions asked about defective product claims:
How Can I Establish Defective Product Claims?
Establishing defective product claims can be difficult, but it is essential. Ronemus & Vilensky can help you ensure that you have the evidence you need to show the court that the product was defective.
To determine if a defective product caused your injury, you should consider the following:
- If you were using the product as intended, i.e., using it according to the manufacturer’s instructions
- If the product was used like that which was intended
- If the product was defective in the materials, it was made from
- If the defect was in the manufacturing process
What is Negligent Design?
Negligent design refers to a design that is not safe for its intended use. It is a generally accepted design that is not safe for how it was intended to be used. For this type of defect to be considered, there must be proof that the manufacturer should have known about the defect and should have corrected it before selling it.
A typical example of this type of defect might be if a manufacturer is aware that the product can be too easily dismantled but does not provide a mechanism to prevent it.
What is a Manufacturing Defect?
A manufacturing defect is when a product does not conform to the specifications set out by the manufacturer. This can happen at any point in the manufacturing process.
A common example might be if a product is made out of a material that will break easily. Still, the manufacturer did not test the product by dropping it to check that it was durable enough to withstand the stresses it might be subject to.
What is a Design Defect?
A design defect can occur when a product is made to look good, but it may not work as it is supposed to. This means that the product’s design is not safe for its intended use.
An example might be a plastic water bottle that is a safe alternative to glass bottles. However, the plastic used in the bottle is not as strong as the glass and might be prone to cracking when dropped or handled roughly.
How Can I Recover Compensation in Defective Product Claims?
There are two common ways you can recover compensation from someone who has caused you injury as a result of a defective product:
The first is through a settlement. This is a standard method for collecting compensation for product liability injuries often overseen by the business’s insurance company responsible for the defective product.
The second is through a lawsuit. If a settlement cannot be achieved with the manufacturer, you may be able to pursue your complaint through the law.
As with all injury claims, you will need the help of an experienced personal injury lawyer to help you through the process of seeking compensation.
What Kind of Compensation Can I Recover in Defective Product Claims?
It depends on the injuries you have sustained and the extent of your pain and suffering. If you have suffered physical injuries, your compensation will likely be determined by the medical bills, as well as the time that has been lost due to the accident.
If you have suffered mental injuries, your compensation will likely be determined by your accident’s psychological impact on your life. This can include the accident’s impact on your career and personal life.
Conclusion
Defective product injuries can result in serious injuries, pain, and emotional suffering. You must seek compensation for the damage that you have suffered. There are several different ways that you can go about doing this. The first place you should start is with a lawyer in your area.
If a defective product has injured you, you must contact a defective product and accident lawyer as soon as possible.
Ronemus & Vilensky can provide you with the expertise of an accident lawyer knowledgeable in defective product claims. Contact us today to schedule a legal consultation.