Consumers expect that the products we buy will be safe. We look for products approved by the Food and Drug Administration and check warning labels; we read reviews online from others and talk to our doctors before taking any new type of medication.
Unfortunately, despite these efforts, people can still suffer injuries as a result of a dangerous product. If you have recently been injured or gotten sick after using a product, then you might be wondering if you have grounds to file a legal claim citing a defective product. Below, we examine the elements of these claims.
- The product must contain a defect in its design, manufacturing or warnings. This means that it was made or sold in a way that makes them unsafe.
- You were using the product for its intended purposes. A product may not be defective if it caused an injury while you were using it for reasons other than those for which it was intended.
- The product lacked the necessary warnings. Warning labels can be found on most products we purchase. However, if the warning labels are missing or if they fail to address the hazard that led to your injuries, you may have grounds to file a legal claim.
There are other elements to product liability claims, but these should give you an idea of whether you may have grounds for a lawsuit if you have recently been injured.
Understand, though, that there are defenses to product liabilityclaims. A party might claim that there was no defect or that any injuries suffered were the result of user error, for example.
Because defective product claims can be complex and contentious, you should not make any assumptions or agree to anything without understanding your rights. For more specific guidance in these situations, you can consult an attorney who can examine your case more closely to help you assess your legal options and build a claim for the compensation you may deserve.