SE HABLA ESPANOL
Free Consultation
Defective Product Cases – Proving Liability
Defective product liability claims often arise when the victim of an incident has been injured by using a product in standard or regular utilization of the item. There are many factors that must be considered for these cases to be considered valid; the person harmed in the accident must have been injured or have suffered some manner of loss.
For any defective product case, the manufactured object must be proven as defective at least in part. This item must have caused the injuries sustained, and it occurred with the instructed or normal use. When the product has been misused, a claim is usually not valid.
Four elements you must prove in order to win your case:
- You were injured or suffered losses
- The product is defective
- The defect caused your injury
- You were using the product as it was intended
Breaking down each of the above…
You were injured or suffered losses
- Without an actual injury or monetary losses (damages), you are missing a crucial element of a product liability claim. E.g., your brand new Keurig explodes the first time you use it because of a malfunction. Luckily, you were not close enough to the Keurig to suffer an injury. Though the malfunction explosion almost caused an injury to yourself or any bystanders, you do not have a claim due to no injury. You can, however, contact the company for a replacement or refund.
The product is defective
- In order to win the claim, you must prove the product that injured you is defective. Was it a manufacturing error? A design defect? Is the product unreasonably dangerous? These questions that arise are key towards winning your case.
The defect caused your injury
- By simply arguing that you were injured while using the defective product is not enough to win you the case. You must demonstrate that your injury was caused by the defect itself. E.g., you are injured in a car accident driving around a corner in a vehicle known for flipping over while turning corners. The car manufacturer will point out your reckless driving as the cause of the accident, not the design of the vehicle.
You were using the product as it was intended
- In order to win your claim, you must have been using the product to the manufacturer’s discretion of how the product should be used.
Contact Us
While accidents do happen often, defective products can be very annoying and troublesome to our lives. The manufacturing company has one job, and that is to ensure that their products are safe for use. If you or a loved one has encountered a defective product that caused damage or harm to your life, contact our team of attorneys at Scartelli Olszewski P.C. for a free consultation today. You can reach us via phone at 570-346-2600.
Sources:
Proving a Defective Product Liability Claim
Proving Fault in a Product Liability Case
Peter Paul Olszewski, Jr., a shareholder and managing partner at Scartelli Olszewski, P.C., brings 37 years of litigation experience. He is a renowned trial lawyer in Pennsylvania, specializing in medical malpractice, personal injury, and criminal defense. Peter's notable achievements include securing multi-million-dollar verdicts and serving as District Attorney and Judge. He is committed to community involvement and is actively engaged in various legal associations.
Linked In - https://www.linkedin.com/in/peter-paul-olszewski-jr-11115b1a/