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What do I have to show to be successful in a product liability case?

Product Defect Lawyers Bethesda, MD

What do I have to show to be successful in a product liability caseProduct defect lawyers Bethesda, MD residents trust define a product liability case as a case that comes from a product that was defective and in some way causes harm to the purchaser. There are three ways in which a product can be defective and dangerous. The first way is if there was a manufacturing defect that affects a single product. The second way is if there is a defect in the design that affects many products. The third way is if a product is being sold to consumers without warnings about the risks of the product or dangers of the product. This category can also involve failing to provide proper instructions about how to safely use the product.

Some elements of your claim might include;

  • injured or suffered losses.
  • The product is defective.
  • The defect caused your injury.
  • You were using the product as it was intended.

You Were Injured or Suffered Losses

Product defect lawyers in  Bethesda, MD will likely inform you that for this category you must actually have a injury. If a product almost caused you an injury but didn’t actually harm you, you won’t have a case.

The product is defective

Additionally, you will need to prove that the product that injured you was actually defective.

Examples of defects could be:

  • Cracks
  • Missing items in the product
  • A tainted batch of a medication
  • Poor manufacturing
  • Toxic ingredients

Design Defect

If you are trying to prove that the product was manufactured correctly but the design is what actually caused the injury, you will have to demonstrated that the danger actually did come from the design. Product defect lawyers from Bethesda, MD will likely inform you that this however does not mean that any product that is dangerous in someway is a design defect. For example, if you buy a knife and then drop it on yourself, you will not have much of a case. This is because knives are intended on being sharp, but they are not unreasonably dangerous.

Failure to Warn

You will likely be successful in your case if you can prove that the manufacturer did not warn the buyer about possible hazards of the product. If the warnings are not reasonably sufficient than you will likely have a case.  

Things to ask yourself to see if you have a case:

Did the defect actually cause your injury?

In court, it will not be enough to just argue that you were injured while using the product with a defect. You will need to specifically show how your injury was caused by the defect of the product itself and nothing else.

Where you using the product as intended?

Experienced product defect lawyers in Bethesda, MD will suggest that in order to prove your case, you must have been using the product as it was intended to be used. If you were messing around near a hot iron or throwing knifes, you likely won’t have a case because it was actually your negligence that caused the injury.

Getting help and establishing your case

The best way to see if you actually have a case it to contact an experienced attorney who can discuss your case and establish what to do. Call the experienced attorneys at Cohen & Cohen today to establish what kinds of case you may have and to discuss the next possible steps you can take to receive compensation.

Call today to set up your free consultation with product defect lawyers Bethesda, MD residents trust.

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