Taking a Look at Defective Product Claims

                By on April 25th, 2018 in Blog

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Defective Products in PennsylvaniaWith so many products being marketed all over the world, there is no surprise that everything we use isn’t always perfect. Many defective products are put on the market every year and sometimes they can lead to very serious injury. Unfortunately, proving something such as you were using the product the way it was intended to be used when you were injured, can be tedious and difficult. Your first step to proving a defective product injury lawsuit is to find a highly qualified and experienced personal injury attorney.

Defining Defective Product Liability Rights

As a consumer, you are the market, and product companies take the market very seriously. If you have been hurt or suffered damages due to the use of a product, you might have a case for a defective product liability claim. Of course, there are laws in place that you need to be familiar with first before you even begin your lawsuit. Again, this is why an experienced injury attorney is so helpful, in that they are proficient with the rules, as well as your rights.

Proving your Claim

In Pennsylvania, like every other state, you are going to need to prove your claim beyond the shadow of a doubt. While portions of what you need to prove should be simple, others can be more difficult depending on how you used the product. In order to prove your claim, you will need to prove that the product is defective and that you were injured. However, you must also prove that the defect explicitly caused your injury, and you must have been using the product for its intended purpose when you were injured.

Understanding that there are also stipulations and exceptions that surround your rights as a consumer, and that will qualify as substantial proof. You must prove you suffered either a serious injury or significant loss of property in order to file a credible suit. This is pretty straightforward but it is the first and foremost step toward compensation. Consulting a personal injury attorney is very helpful at this point so that you can be sure your loss or injury qualifies. You will also have to prove the product was defective.

Proving that a product was sold to you in defective condition can lead to many other issues, and it makes your case all the more difficult. You might need to prove how long you have had the product, how often you use it, and anything else that proves you did not cause the malfunction of the product. Furthermore, you must prove that you were using the product as intended, however, if you were using it within reason, then your claim may be successful, depending on what you think is “reasonable.”

Altogether, there are numerous points to your case that require sufficient proof, as well as other aspects such as warning labels. Were you efficiently warned? Was the product dangerous? And there are many much more complicated ins and outs that surround a defective product liability claim. At Edelstein, Martin & Nelson, we fully and completely understand all of the factors involved in these cases. Your rights must always be well-protected. If you have been injured or suffered significant loss because of a defective product, call 888-208-1810 today.

Sources:

http://www.dphu.org/uploads/attachements/books/books_4078_0.pdf

https://www.subrogation.org/download/article/The%20Malfunction%20Theory%20Can%20Establish%20Defect%20In%20Product%20Liability%20Cases.pdf