If you have been injured by a defective product, you may be wondering if you have a legitimate claim against the manufacturer or seller. In order to succeed in a product liability claim, you will need to prove your case. But how do you do that?
Well, we’ll go over it in the content below. If you’re interested to learn more, just keep reading!
Providing Proof of Negligence
If you’re not sure if you should file a product liability claim, here are some factors to consider:
Negligence: The manufacturer or seller did not take reasonable care to prevent the defect from occurring.
Strict liability: The manufacturer or seller is liable for any injuries caused by the defect, regardless of whether they were negligent.
Breach of warranty: The manufacturer or seller promised that the product was safe and fit for its intended use, but it was not.
If you can prove one of these three things, you may have a successful product liability claim. However, it is always best to speak with an experienced attorney to get specific advice about your case.
How to File a Product Liability Claim
If you have been injured by a defective product, you may be able to file a claim against the manufacturer or seller. Here are a few things you will need to do:
Gather evidence: This may include the damaged product, medical bills, police reports, and witness statements.
File a complaint: This is usually done with the help of an attorney.
Serve the manufacturer or seller: Once you have filed your complaint, you will need to notify the manufacturer or seller that they are being sued. This is typically done by having a process server deliver them a copy of the complaint.
Attend court hearings: If the case goes to trial, you will need to attend court hearings and present your evidence.
Get a judgment: If you are successful, the court will issue a judgment in your favor. This may include an order for the manufacturer or seller to pay you damages.
Product liability claims are complex, so it is always best to speak with an experienced attorney before filing a claim.
A lawyer can help you gather evidence and file the necessary paperwork. They can also represent you in court if the case goes to trial. If you’re looking for a lawyer that can help with your claim, visit cosselawfirm.com.
File a Claim and Get Compensated
Product liability cases are complex, but if you have been injured by a defective product, you may have a case. In order to prove that the manufacturer or seller is at fault, you will need to show that they were negligent in their duties. If you would like more information on how to get started with a product liability claim, speak with an attorney.
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