What Constitutes A Defective Product Liability Claim?
This time of year is usually a very joyous and happy time. Family and friends have a fun time reuniting and cherishing each other over food, conversation, and most likely the new appliances and gadgets that they get for christmas. After the holidays everyone is excited to get their loved ones over and show them the new gifts that plug in, turn on, and make their lives more exciting or efficient. However, with new gifts and purchases comes no guarantee that they will be safe or effective.
You’ve probably heard of major incidents happening such as houses catching fire by faulty electrical wiring or sharp object snapping off something and piercing someone. The reality of products that fail is far more common than heard about in the news. In such an industrial driven world where companies are pushing out more products around the holidays to turn a profit, there is a high risk of faulty or malfunctioning products being put out and sold to the public. If a company produces something to sell to a consumer that may not be fully functioning or suitable, that manufacturer can be held responsible for any injuries or damages sustained as a result of the product’s use.
Being injured in a product malfunction is a serious claim that can cause hardships on individuals and families. However there are certain guidelines, or ‘circumstances’, that must have occurred in order to constitute a legitimate personal injury claim.
Proof Of Product Purchase
The first step to filing a product liability claim is to prove that you acquired the product legitimately. This can be easy if it is something like a kitchen or home appliance because people most likely buy these things for their own house, thus having the proof of purchase such as a receipt and a warranty. However if the appliance that caused the accident was a gift, such as a kitchen countertop appliance or power tool, it might be more difficult sometimes. This is why friends are always urged to keep regular or gift receipts when giving someone a gift. By being able to prove you’re acquiring of the product that caused the incident was legal, your claim is on it’s way to being strong and legitimate.
Use Of Product Was Proper
When a company produces a product intended for sale, that product is most likely intended for a specific use. That function is explained in guidelines or instructions that will accompany it, which outline how the product should be used and warnings of things to not do while using it. In order to assure that your product liability claim is legitimate, a victim must prove they were operating the product as it was instructed to be used. For instance, using a blender on products that aren’t edible or used in food production will most likely void the liability because any damage the blades or wiring do could be resulted from improper use. However, if you are blending up ice and fruit for a smoothie and the wall outlet is shorted by the blender and starts a small electrical fire, then the manufacturer could certainly be held liable. That is because in that case you were using their product as intended yet were still put in an unsafe situation that caused damage and injury, such as burns on your hands from the electrocution or flame.
Actual Damage Or Injury Occur
Unfortunately for those that are startled or scared by a sudden mishap by a product, there is no way to file a claim for ‘almost’ being the victim. In order to have a valid personal injury case against a product maker, your injuries must be legitimate and damages actually be accounted for. Many product injuries cases do leave poor victims with actual remnants of an accident; things like burns, cuts, bruising, or broken bones. It’s also possible that the malfunction of the faulty product caused immediate and direct damage to the property. Things like ruined wall outlets, burnt carpet or curtains, cut up and damaged furniture, all that are a direct result of some product issue, can be held against the company that presumed the product safe for sale.
Product liability claims against manufacturers for the problems and hardships caused by their mass production of something are very common in the following weeks and months. With so many new purchases being made around the christmas and holiday season, the influx of new household toys, appliances, and utilities, is sure to spark a few errors and incidents. If you’ve been hurt or injured as a result of a poorly made or faulty product that has been paid for, it is important to act immediately. Filing claims and getting in touch with our expert personal injury law firm as soon as possible means a great guarantee that you could seek the just compensation you deserve. By acting swiftly to handle any issues made to your health or well being, then doing the same in making your claim and hardships known through an attorney against a company, you will be doing the responsible thing and hold up your concern for your losses after that manufacturer’s product mistreated you.
Should you fall victim to poorly wired appliances, loose blades, untightened screws, or any other number of malfunctions on a product acquired over the holidays, contact the expert legal advisers at The Loewy Law Firm today.