If you’ve been harmed by a defective product, you can take steps to hold the manufacturer responsible. Personal injury law outlines ways for safeguarding the rights and well-being of those harmed by another’s negligence or fault.
In this article, we discuss the various criteria necessary for a successful personal injury claim. Here are the three main ways to prove fault in such cases.
Proving Manufacturer Error
A product maker could be guilty of manufacturer error. This is when something went wrong during the production of the product. Essentially, the producer did not mean to release the product in its current state.
The first step to proving manufacturer error is to carefully document all details of the issue. Include your reasons why you believe the defect originated from the factory level. For instance, the item could have loose parts or internal components that are improperly connected. Next, collect your purchase record and record any contact you had with customer service or technical support.
Record as much evidence of the defect as possible, including:
- This visual evidence should show the defect in the product along with the resulting damage.
- Repair bills
Proving a Design Flaw
A design flaw means that there is something inherently wrong with the product. Nothing went wrong at the manufacturer, and the finished product came out as intended. The problem is in the very design of the product. It causes unintentional harm on an engineering level.
To prove a design flaw, you must acquire all relevant documentation such as product manuals, assembly instructions, warranty information, and other related items that can provide proof of knowledge of a design fault by the manufacturer.
Next, find evidence that the product is inherently dangerous. Take videos of how easily it is for the average user to harm themselves while using the item. (Make sure not to hurt yourself again in the process.)
Also, speak to your attorney about finding an expert opinion. They can help prove that the product should have been designed or manufactured differently.
As always, also include direct videos and records of the injury you suffered.
If a product that you purchased was labeled incorrectly, you may be able to file a defective product claim. To make a successful claim, it is important to first collect evidence that supports your case.
Such evidence can include:
- Packaging and
- Purchase receipt
- Taking photos of the mislabeled item
Your attorney may be able to help you obtain laboratory results, demonstrating the discrepancy between what was advertised and what was delivered.
Document attempts you made to contact the manufacturer to address the problem. Once your evidence is gathered and logged, you can then submit a formal complaint in writing or with court documents depending on the situation. In many cases, simply providing relevant evidence of the mislabeling will be enough for the court to recognize the claim.
Presenting Evidence Injury Caused by a Defective Product
Presenting evidence of physical, emotional, and economic losses caused by a defective product is important to proving your case. It’s not enough to prove that the product was dangerous. You must also directly demonstrate the harm you suffered.
Physical losses are often easiest to quantify. This includes any money you spent on treatment or lost income.
You should also collect evidence of emotional or psychological distress. This includes evidence of mental health treatment or statements from your therapist.
A personal injury case can pay you back for any economic loss your injury caused. You may also be entitled to pain and suffering damages. This is extra money the court rewards to help ease your misery and make life more comfortable as you recover. In the worst cases, ones where the manufacturer was grossly negligent, you could even receive punitive damages. This is money the judge orders the defendant to pay simply as punishment.
Law Office of Pamela C. Bratcher can help you hold a negligent manufacturer responsible for their actions. If you’ve been hurt by a defective product, reach out to our office today. You can call us at (270) 977-8910 or schedule time with us online.