Building a Winning Case: The Top Tips for Winning Your Product Liability Lawsuit
Did you recently purchase or use a product that caused you harm? Do you feel like you should get compensated, but you’re not sure how?
Filing a product liability lawsuit may be the course of action you need to take. That means finding yourself a good lawyer and making sure you have everything you need. But how can you protect yourself and give yourself the best chance to win?
The last thing you want is to go through all that trouble and then end up losing your case. Keep reading to discover the best tips for ensuring you win your case!
Winning a Product Liability Lawsuit: Time to Cash in!
There are a lot of things that go into building a product liability lawsuit. But before we get to how you can win, you need to understand what product liability is. When somebody is hurt or injured because of a product they’ve used, the company and everybody else in the production chain could be liable for damages.
If you believe this has happened to you, you may want to file a lawsuit. But if you’re going to take that step, you want to make sure you win.
Filing a lawsuit is not cheap and can take a very long time to work through. Use these tips and hopefully you can land the payday you deserve.
1. You’ve Got to Have Proof
This statement is true no matter what kind of lawsuit you are filing. But it is especially true for a product liability case. If you can’t prove you were hurt or injured by that specific product, you are going to have a tough time winning your case.
A judge doesn’t care if you were almost hurt. There needs to be definitive proof of injury. So make sure to document everything right away. Take pictures and collect medical paperwork that will back up your claim.
2. Proof the Product Caused Your Injury
The second thing you need to prove is that your injury was actually caused by the product in question. Do your best to gather as much physical evidence as possible. This could include photographs or even other cases that prove this specific product has a track record of being defective or dangerous.
One of the best things you can do is hold onto whatever product you had that was defective. If an electronic device you’re using randomly blows up and injures you, hold onto the fragments of that device. You can use this as evidence toward your case.
3. Hire a Product Liability Lawyer
If you’ve never experienced anything like this before, you may not know everything you need to have in order to prove your case. A product liability lawyer will have the experience and knowledge to help walk you through this process. For a great example click here!
4. Show That Your Injuries Came From Product Used
People suffer injuries all the time, but that doesn’t mean they were caused by a defective or dangerous product. You need to be able to prove that your injuries are clearly a result of whatever product you used.
For instance, if you are taking a medication and then all of a sudden start breaking out in hives. You need to make sure that is not a listed side effect, and if it’s not, you need to be able to show that this specific medication is what caused the hives.
5. Were You Using the Product Properly?
You need to be able to prove that the injuries you sustained happened while using the product the way it was intended to be used. Companies can not be held responsible for injuries resulting from the improper use of a product.
If you take double or triple the amount of a medication that is prescribed to you and have a negative reaction or overdose, that is not the fault of the medication. If you start street racing a sub-compact car and you blow up your engine due to the way you are illegally racing, you are most likely not going to win that case.
6. Was the Company Negligent with This Product?
Sometimes a product is faulty due to the negligence of an employee or lack of quality control within a company. If you can somehow prove this negligence, it will greatly add to the validity of your case.
A defendant may try to get a case dismissed based on the plaintiff not using the product properly. However, if you didn’t know exactly how to use a product, and there were no warnings, this could be considered negligence on the part of the company. Since they created the product, they should know the possible uses for a product and be proactive in preventing improper use through warning labels and things of the sort.
Get What You Deserve
As you can see, a lot goes into winning a product liability lawsuit. Before you go through all the work of hiring a lawyer and spending months or even years on a case, make sure you have everything you need to win.
There’s no point in wasting your time or everybody else’s time if your claim is shallow and you have no real way of backing up your accusation, even if you are telling the truth. When it comes to winning a lawsuit, evidence is king. So use these tips and make sure you’ve got all your bases covered.
For more great tips to help you with your case, make sure to check out the Legal section of our website today!