Defective Product Injury: How To Take Legal Action Against The Responsible Party
We are in a period in time where products exist for almost every task you want to perform. We have coffee machines that make us coffee in the morning, we have washing machines that do our laundry for us, we have dishwashers that clean our dishes for us. These make our lives easier and give us more time to do other things we want to do.
But sometimes, these products can be defective. They can be faulty and impossible to use according to instructions that may have been given when you bought the product. Many times, these faults are covered by warranties and you can easily get another product or a refund if you want.
Then we have times that these defective products become dangerous and cause injuries to those using them. These cases many times are not taken further to the courts and sometimes people are not even aware that they can sue for defective product injury so they just go about their lives with sometimes life-altering injuries.
Litigation against companies that manufacture defective products will give you funding to take care of any injuries you might have gotten and any time or money you might have lost. It also makes other companies more rigorous with their production processes as a fear of litigation will raise the standards of product designs.
So, here is a guide on how to take legal action against those responsible for defective products.
Figure Out Who You Are Going To Be Suing
There are little to no differences in state laws concerning who you can hold liable for a defective product. You will want to look at everyone involved in the product’s channel of distribution, from the manufacturer to the distributor, and many times there might be more than one potential defendant. This might seem like a daunting task but Recovery Law Center talks about how important it is to pursue a case even if the first time might be scary.
At the beginning of the channel of distribution is the manufacturer and this can range from a large international corporation to a small business owner. These are one of the people you will bring a case against.
If the product has a defective component that caused your injury, you will include the manufacturer of the product and the manufacturer of the defective part. You should also add the other parties who can be linked to the product especially if they are independent of the manufacturer.
The retail store where you bought the product may be liable for selling you a defective product so they too should be added to your lawsuit. It is important to keep in mind that you must not be the buyer of the product to sue, even if you borrowed the product from someone to use, you can sue for damages. The more defendants ensure that you get paid in the eventuality that you win the lawsuit.
Find Other People Who May Have Suffered Injuries
The more people you can involve in your case, the stronger it will be. Chances are a defective product is not just a lone case, we have situations where more than one person has complained of injuries from a particular defective product and once you find them you can file a class action suit solidifying your case.
This will also build a case for the recall of the product so nobody else will get injured.
Get An Attorney
When all is done, you should get an attorney that specializes in dangerous and defective product cases. This attorney will help evaluate your case and find out if your claims are strong enough. They will also help build your case by emphasizing specific aspects and dropping issues that might question the legitimacy of the case.
The attorney will also take over the research process and plan a legal strategy that you most likely will not be able to come up with on your own. If your case is strong enough, you most likely will have your legal fees covered as part of the settlement the court might order the defendants to pay you.
These are just the basic steps to take legal action against manufacturers of defective products. It is also important to pick your battles as some claims are best not pursued due to the type and amount of damage done because it may not make sense to pursue such claims as you may spend money, time and energy only to have them thrown out.