Despite strict safety regulations that govern consumer products, defective and potentially dangerous items still enter the market, according to the U.S. Food & Drug Administration. A mistake during the design, manufacturing or vending of a product can have devastating consequences.
Fortunately, consumers who fall victim to a product malfunction may be able to recover compensation for lost income, medical bills and other damages caused by the defect. A Scottsdale personal-injury attorney from the Rudolph & Hammond Law Firm can evaluate your case to determine if you may have grounds for a claim. Call 480-951-9700 today to schedule a consultation.
Here are four elements that your accident lawyer will have to prove for a successful product liability claim:
- There was an actual loss or injury.
You cannot claim product liability if you did not suffer an actual loss of property, death in the family or injury. According to the Arizona Legislature, the product must have been the direct cause of the loss, death or injury.
Your personal-injury attorney will have to provide evidence of the injury, death or property loss to demonstrate its existence. He or she may reference medical records, the police report or eyewitness testimonies to support your claim.
- The product was defective.
Your accident lawyer will have to prove the existence of a defect. Obvious defects, such as hairline cracks in kettles, may be easy to prove. However, if the reasonable use of the product comes with dangers, then you may not have grounds for a claim. If you cut yourself with a knife, for example, this does not necessarily mean that it was defective. In certain cases, though, a lack of instructions or warnings can justify a product liability claim.
- The defect caused your loss or injury.
Your personal-injury lawyer must prove that your loss or injury was the direct result of the product defect.
- You used the product as a reasonable person would have.
If you did not use the item as the manufacturer intended, then your claim may not be successful. For example, if you buy a new tire that bursts while you were speeding, then the defense may argue that the injury resulted from your misuse of the product.
Just because an item is not marketed for a specific purpose does not mean that it is unreasonable to use the product for that purpose. Even if you were using the item in a way that was not outlined in the instructions, you may still have grounds for a product liability claim.
If you were injured by a product defect, contact the Rudolph & Hammond Law Firm. A Phoenix accident lawyer can help you avoid mistakes during the claims process. We have more than six decades of combined experience representing the injured. Call 480-951-9700 to schedule a consultation.