5 Basic Elements of a Product Liability Claim

| Apr 12, 2015 | Firm News |


Many people assume that when they use a product they purchased from a store, or a medication that their doctor prescribed, that it is safe for them to do so.

However, dangerous and defective products harm millions of Americans every year. If you were injured as the result of a defective or dangerous product, you may be able to bring a claim forward for compensation.

Here are the five basic elements of a product liability claim that you need to know.

1. The Manufacturer Sold the Product

It must be established that the manufacturer sold the product during the course of its normal business. This is typically easy to establish and can often be done with a receipt or other documentation that shows the product was sold.

2. The Product Is Defective

It must be established that the product has a defect. There are different types of defectiveness that the court will consider, including:

  • manufacturing errors
  • failure to provide proper warnings for misuse or potentially hazardous ingredients
  • a defect in the design of the product itself

Establishing how the product is defective also is critical in determining who may be held liable for damages.

For example, a manufacturer may be able to be held liable for a product that was contaminated during the course of its manufacture. Alternatively, if a distributor purchased a safe product, but the product became expired while waiting to be sold, it may not make sense to attempt to hold the manufacturer liable. Instead, it may be prudent to attempt to hold the distributor or retailer liable.

3. You Used the Product As Reasonably Intended

If you were injured because you used the product in a manner that was not intended by the manufacturer or was not reasonable, you may not be eligible for compensation through a product liability claim. For a successful product liability claim, it is important to establish that the product was used reasonably and as intended.

4. You Were Injured During the Use of the Product

It must be established that you were injured specifically during the use of the product. This can often be determined by examining the plaintiff’s medical records.

5. The Defect Caused Your Injuries

It must be established that the defect is the specific cause of your injuries. If you used a defective product, but the defect was not the cause of your injuries, you may not be eligible for compensation.

Consider Contacting an Experienced Product Liability Attorney Today

If you or a loved one were injured by a dangerous or defective product, you may want to consider working with an experienced product liability attorney. It is possible you could receive compensation for your suffering, including compensation for medical bills, lost wages, disability and emotional trauma that resulted from your use of the product.

Contact the Sarkisian Law Offices today to discuss your case with a defective product lawyer. Call now at 219-733-8904.