As consumers, we rely on the products we purchase to function properly and safely. Unfortunately, defective products can sometimes slip through the cracks and cause harm to individuals. Whether it's a faulty airbag in a car or a malfunctioning kitchen appliance, such defects can have serious consequences, including injury and even death.
It's essential for manufacturers to take responsibility for the products they put on the market and to ensure that they're fully functioning and safe for use. However, in the case that someone is injured from a product, it can be hard to determine who is responsible for the injury.
Product Liability Cases
If you've experienced an injury from a product that was being used correctly and for its intended purpose, it's important to know that you may have a product liability case. Successful cases will hold the manufacturer, distributor, or seller of a product responsible for any damages or injuries caused by the product.
There are three types of product defects including:
- Design defects – Design defects are flaws within the product, this can oftentimes make the entire line defective.
- Manufacturing defects – This type of defect occurs during product assembling and formation.
- Marketing defects – Marketing defects occur when products lack proper labels, instructions, or warning labels to help keep customers safe.
Manufacturers have a responsibility to ensure that their products are safe for consumers to use. If they fail to meet this standard and a defect leads to injury, they can be held accountable.
When Can I File a Product Liability Lawsuit?
When it comes to filing a lawsuit regarding a product, drug, or medical device, there are several criteria that must be met in order for the case to be successful. It's important to understand that not all cases will be eligible for legal action. Eligibility is determined by several factors, including:
Proof of Injury
When it comes to taking legal action, it's important to keep in mind that you must prove that you were personally harmed or injured due to the product's defects. One way to do this is to save any relevant evidence, such as medical bills and records, as well as documenting the defective product and any injuries it caused. Taking images or videos of the product and the injuries can be especially helpful, as it provides tangible evidence of the harm done.
Proof of Defect
When it comes to seeking compensation for a defective product, the defect must be proven. This means that there needs to be clear and tangible evidence that the product, its instructions, or packaging were defective in some way. Additionally, if the product is missing a required warning, that too can be considered a defect.
Proper Product Use
If you were injured while using a product, it's important to note that you must have been using it in the way the manufacturer intended in order to have a claim. This means that if you were using a roller chair as a stool, you may not be eligible for compensation. As a customer, it is your responsibility to use products for their intended use. Any injury resulting from improper product use will most likely not result in a product liability case.
Statute of Limitations
In order to take legal action, it is important to be aware of the time frame in which you can file a lawsuit. In the state of Idaho, the deadline for filing a claim is two years from the date that the injury or illness occurred. This means that it is critical to act within this prescribed timeline in order to avoid losing your legal rights. By acting promptly, you can protect yourself and increase the chances of receiving compensation.
How Can a Lawyer Help My Product Liability Case?
Navigating the legal system can be a daunting task, especially in cases related to product liability. A lawyer can be your ally in gathering evidence and proving a direct link between a defective product and any injuries sustained. They can help you determine if you have a case and work tirelessly to secure the maximum amount of compensation possible. This includes covering medical bills, lost wages due to injuries, pain and suffering, and more. The legal system can be difficult to navigate, but with a skilled lawyer by your side, you can gain peace of mind knowing you have experienced representation.
If you or a loved one has been injured by a product, contact May, Rammell & Wells. Our product liability attorneys have the skill to help you! Call (208) 623-8021 or contact us online.
