Who Can File a Product Liability Lawsuit?

Defective products can cause a range of injuries, including lacerations, broken bones, burn injuries, brain injuries, spinal cord injuries, and may even result in wrongful death. In cases where an individual is injured by a defective product - whether it is a prescription drug, a motor vehicle, a piece of construction equipment, or another item – he or she can file a product liability lawsuit.

Elements of a Product Liability Lawsuit

To have a product liability case, the victim must be able to prove that:

• The product was unreasonably dangerous or defective
• The victim suffered an injury
• That injury was caused by the product defect

Proving Your Injury

The injured individual should collect medical records, photographs, and hospital bills to prove that the injury occurred and to record its severity, as the degree of harm may bear upon the type of damages the victim receives.

Proving Fault

A victim must be able to establish that his or her injury was caused by the negligence or action of the defendant. Depending on the circumstances of the case, the product’s designer, manufacturer, or retailer can be held liable for the victim’s injuries. Each state has its own laws regarding whether the defendant should be held “strictly liable” for the victim’s injuries, or whether the victim can be held partially responsible.

Meeting the Statute of Limitations

For any product liability case, the injured has a set amount of time in which to file charges. Once this time limit, or statute of limitations, has passed, no lawsuit may be filed.

Locate a Product Liability Attorney near You

If you have been injured because of a defective product, you may be entitled to compensation for your injuries. Use LawyerShop to locate a product liability attorney in your area who can help determine whether you have a case.