Establishing liability in Prairieville product liability cases is not the same as most personal injury lawsuits. When you are injured in a car wreck or because of a medical mistake, you generally must be able to show that the opposing party acted negligently. That is not the case when it comes to injuries caused by defective products.
Instead, your case involves something known as the strict liability standard. While you do not have to show a specific act of negligence, you will need to prove other elements, including that you were injured by the defective item while using it as directed. A skilled defective products attorney from Tomeny | Best could guide you through this process.
Understanding the Causes of Injury
Every successful product liability lawsuit starts with an injury. These injuries can vary from one case to another, given the many types of items or goods available. These cases could involve tissue damage caused by an exploding appliance or burns from defective cleaning solutions. Some common injuries can include:
- Fractures
- Lacerations
- Eye damage
- Severe burns
- Internal bleeding
- Traumatic brain injuries
Any of these conditions could lead to a viable case for compensation that a Prairieville attorney could use to establish liability for a defective product.
A Defect Caused the Injury
Proof of an injury is not enough to proceed with legal action. An injured person also needs to establish that a defect caused these injuries. Defects can occur in different ways. Some happen on the design level, where a product was initially unreasonably dangerous. Other defects can involve errors during manufacturing or the lack of clear warning and/or instructions.
Expert testimony is often used to establish that something was defective. For a design flaw, a person injured must show that the product was so flawed that it could never be reasonably safe for public use, and a Prairieville attorney from Tomeny | Best could help with this aspect of litigation.
When the Person Used the Product as Intended
One aspect of these cases that can be contentious in establishing liability in Prairieville is whether the person who sustained injuries used the product as directed. This question is important because a manufacturer is only liable if the instructions were followed. Generally, goods sold to the public have directions for proper use that outline their intended purpose. Consumers who use an item for an unapproved purpose or fail to operate the product as directed may not be entitled to compensation.
This includes showing the court that the object was in the same condition when it left the manufacturer at the time of the accident. In other words, consumers may not modify these products. Some defective product cases involve the lack of clear instructions or detailed warnings. If the public does not have the information it needs to operate a device safely, that is a separate example of a defect and could result in a case for compensation following an injury.
A Prairieville Attorney Could Help You With Establishing Liability in Your Defective Products Case Today
If a dangerous defect injured you, you have the right to pursue legal action. Success is possible in these lawsuits, especially with the support of strong legal counsel.
Let Tomeny | Best answer your questions about establishing liability in Prairieville product liability cases. Call today to get started and to schedule a free consultation.
