Defective products can cause serious injuries to consumers, and they can be held liable for the damages caused. These products can include anything from defective car parts to faulty toys, leading to injuries such as burns, broken bones, and even death. Injured consumers can seek compensation from the offending party, such as the manufacturer, distributor, or retailer. Compensation can cover medical expenses, lost wages, pain and suffering, and other damages. However, winning a defective product injury case is always challenging.
To win a defective product injury case, you must prove that the product was defective and that this defect caused your injury. This can be challenging, especially if the product has been altered or other factors may have contributed to your injury. You must gather evidence such as medical records, witness statements, and product documentation to prove your case. You may also need to hire an expert witness who can provide testimony about the defect and its impact on your injury. Unfortunately, the burden of proof is on you, so you may need extra effort.
While winning a defective product injury case is possible, there are instances where you might lose the case. Here are five situations where you might lose a defective product injury case:
#1 – You Were Not Injured
You cannot file a defective product injury case if you were not injured. Even if the product was defective, you cannot seek compensation if you did not suffer any damages. This may seem obvious, but it is important to remember that the burden of proof is on the plaintiff to show that they were harmed.
For example, if you purchased a defective hairdryer that did not work, you cannot file a defective product injury case. However, you can seek compensation if the hairdryer explodes and causes burns.
#2 – The Danger Was Apparent
If the danger was apparent and you still chose to use the product, you may not be able to win a defective product injury case. For example, suppose a knife was clearly labeled as sharp, and you still cut yourself. In that case, you may be unable to hold the manufacturer liable for your injury unless you can prove the product was defective in some way that was unexpected or not obvious.
#3 – The Apparent Danger Was Part of the Product’s Intended Use
If the danger that caused your injury was an intended part of the product’s use, you might not have a case for a defective product injury. For example, suppose you were injured by a chainsaw while cutting down a tree. In that case, you may be unable to hold the manufacturer liable for your injury because the danger of using a chainsaw to cut things is inherent in its intended use. However, if the chainsaw had a defect that caused it to malfunction and injure you, you may have a case for a defective product injury.
#4 – The Product Was Not Used as Intended
If you used the product in a way that was not intended, you may not have a case for a defective product injury. For example, if you used a hair straightener to iron your clothes and burned yourself, you may be unable to hold the manufacturer liable for your injury. The product was not designed or intended for that use, and the danger was not an inherent part of its intended use.
#5 – An Alteration Was Made to the Product from the State It Was Sold
There’s a reason why product manufacturers put warning labels on their products. Altering a product from its original state can change its intended use and create potential dangers. If you modify the product in any way, such as removing safety features or adding your own components, you may not have a valid claim for a defective product injury. The manufacturer is only responsible for damages when the product is used as intended and in its original state.
Hiring a Defective Product Injury Lawyer
If a defective product has injured you, hiring a defective product injury lawyer is essential. These lawyers specialize in these cases and can help you navigate the legal system.
A good lawyer will be able to assess your case and determine whether or not you have a strong chance of winning. They will also be able to gather evidence, hire expert witnesses, and negotiate with the opposing party on your behalf.
Defective product injury cases can be challenging, but with the right approach, winning is possible. You can increase your chances of success by proving your case and understanding the situations where you might lose. If a defective product has injured you, hiring a qualified lawyer to help you get the compensation you deserve is essential.
If you’re looking for product liability lawyers, Law Offices of Wilkerson, Jones & Wilkerson can help! We understand the intricacies of product liability laws, so our legal experts can help you get rightful compensation. Call us today at 803-324-7200 for a free case evaluation!