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 even wrongful death. In cases where an individual is injured by a defect in a 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. If you have been injured because of a defective product, in order to file a lawsuit, you must be able to provide evidence of your injury, prove the fault of the defendant, and file charges within your state’s statute of limitations.
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 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 types 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 is 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 damages for your injuries. Use LawyerShop to locate a product liability attorney in your area who can help determine if you have a case.