Do I Have a Product Liability Case?
Posted on behalf of Greg Coleman Law on Mar 08, 2019 in Product Liability
As consumers, we often trust that the products we purchase are safe, but unfortunately thousands of injuries are caused by defective products each year. The U.S. Consumer Product Safety Commission reports that in 2010 alone, more than 38 million people sought medical attention related to a consumer product.
Injuries caused by defective products are often serious, and some are even fatal, increasing the value of damages owed to victims and their loved ones. The Insurance Information Institute reports that in 2016, the average amount of damages in a product liability claim was more than $7 million.
If you were injured by a defective product, the skilled legal team at Greg Coleman Law can help. Our Tennessee product liability lawyers have detailed knowledge of all the elements of a successful product liability claim and can meet with you to discuss the specific circumstances surrounding your injury and inform you if you have a viable claim.
The Product Caused You to Suffer an Injury
The first element of a product liability claim is to show that the product caused you to suffer an injury. Even if the product is dangerous and could lead to serious harm, there is not a product liability claim unless you have suffered an injury, such as being cut by a product, getting ill from it or having property damage.
Often, other consumers have suffered similar injuries to yours and have reported the issue to the manufacturer. The manufacturer may have issued a product recall. You can see a list of current recalled products at Recalls.gov. The personal injury attorneys at Greg Coleman can walk you through the product recall process.
To establish that the product caused you injury, it is important that you seek medical attention for any physical injury you suffered from using the product. Be sure that you mention the cause of your injury when you seek medical assistance. Your medical records may be able to establish the link between your injury and the defective product.
The Product is Defective
You must be able to establish that the product was defective in some way. Product defects are classified into three main categories:
Manufacturing defects are flaws in products that occur during manufacture or assembly of the product. These defects are usually considered errors or mistakes during the manufacturing process and they render a product unreasonably dangerous to use. These defects occur when the product is not made according to its intended design.
Common causes of manufacturing defects include:
- Defective manufacturing equipment
- Defective materials
- Improper assembly of the product’s various parts
Design defects occur when products are unreasonably safe as designed, even when they are used as intended. These defects make the entire line of products inherently dangerous.
One issue that may come up in the legal process is whether or not the designer could have used an alternate design. The designer may try to argue that an alternative design would not have been cost-effective. If you can show that the other design would have been safer and cost-effective, you may be able to recover compensation for your damages.
Product manufacturers have a duty to provide sufficient warnings to consumers of the known or possible dangers associated with using the product as it was intended. These warnings must be clear to consumers and properly labeled on the product. When a product does not provide reasonably adequate instructions or include clear warnings about the possible dangers of using it, people who suffer injuries while using it may have grounds for legal action.
Your Injury Was Caused by the Product’s Defect
You must be able to show that your injury was caused by the product’s defect and not another cause. You also must be able to show that you used the product as intended and this resulted in your injury.
Your medical reports may be able to help document your injury and establish the connection between your injury and the defect.
Contact a Lawyer for Help with Your Product Liability Claim
If you were injured by a product, it is important that you have the assistance of a skilled product liability lawyer. These types of claims are often complex and may require a thorough investigation into the manufacturing process to determine how the defect occurred.
At Greg Coleman Law, our Tennessee product liability lawyers strongly believe that manufacturers have an ongoing obligation to produce safe products that avoid harming consumers. We provide a free, no-obligation consultation to review the circumstances of your case and determine if you have a viable claim against the manufacturer.
All of our services are provided on a contingency fee basis – we only charge clients if we recover compensation for them on their claim.
Call us today to schedule your free consultation at (865) 247-0080