When we as consumers shop for products, we tend to assume that our purchase will be safe for all reasonable purposes. Unfortunately, unsafe and defective products go on the market all the time and the public usually does not find out about the danger until a significant number of people have suffered injury and loss. If a defective product has injured you or a loved one, then you need the help of a West Covina product liability attorney.
What elements need to exist for a product liability claim?
Product liability is just one of the many types of claims that a personal injury lawyer may handle. A lawsuit for a defective product will fall under product liability law and there are specific facts that need to be demonstrated for a person to be eligible for compensation. The following is a list of the basic elements that will need to be demonstrated for a product liability claim to be successful:
- Loss or injury: Your attorney will need to show that you suffered some type of damages. If there are no damages, there is no right to compensation.
- The product defect: It has to be shown that the product in question was defective in some way and that the defect resulted in a product that was unreasonably dangerous.
- Connect the defect to the injury: It will also have to be demonstrated that the defective product in some way caused or contributed to the injury. It is not enough to show that you were injured and that the product was defective, you have to establish the cause and effect relationship.
Prepare to defend the claim
For claims that involve product liability and defective products, it is not uncommon for the plaintiff to have to defend their own actions. One common tactic that may be used against the claim is that the injury was sustained as the result of improper use of the product. An experienced personal injury lawyer will be prepared for this and they will do their best to build a case that is strong enough to overcome these arguments. In some cases, it may be true that the injured person misused the product in some way, but that does not necessarily mean that they do not have a legitimate claim to compensation.
Contact the Quirk Law Group
The issues of product liability and the legal rights of those injured by defective products can be confusing. These matters can be complex and it takes a knowledge of the law and a level of experience that most people do not have. If you need help with an injury claim relating to a defective product, contact a West Covina product liability attorney like the ones at the Quirk Law Group. We are ready to hear your claim and we can help you recover fair compensation for your loss.