When Can You Make a Defective Product Liability Claim?
by Kevin Smith AuthorIf you’ve been
injured because of a faulty product, you may be able to file a lawsuit against
the manufacturer and distributor of the item. This should cover the medical
treatment required for your injury as well as any loss of time on your job.
With the help of the best personal injury lawyer in Bradenton, FL, you
shouldn’t have to add financial troubles to an already difficult time. Here are
the general guidelines to know if you have a claim.
Proven Injury
You can only make
a personal injury claim if you were actually injured when using a product. It
doesn’t count if you’re almost injured when the product breaks or malfunctions.
Go to the doctor right away so you can use their records as proof of your
injury. Be sure to follow the doctor’s instructions and keep track of how many
times you’re seen and what treatments or medications you require.
Product Involvement
Second, you have
to be able to prove that the product’s defect was directly responsible for your
injury. To accomplish this, you must prove that the product was actually
defective (not just worn down from overuse, for example). You’ll also have to
show that you were using the product as it was designed to be used at the time
of your injury. If you were using it for something it wasn’t intended to do, or
if you were using it in an unsafe manner, you probably won’t win your case.
Lack of Warnings
Some products are
inherently dangerous, such as tools or medications. These types of products
should always have very clear instructions about how to use them safely. If
they don't include sufficient warnings, the manufacturer can be held liable for
any injury that results from misuse. Dangerous products will often include
warnings on the packaging as well as on the item itself.
Statute of Limitations
The statute of
limitations to file a defective product liability claim is usually 2 to 3
years, although it varies by state. This means that if you’ve been injured by a
defective product, you have this long to file your lawsuit. If you wait too
long, you won’t be eligible to file a claim. Be sure to work with the best personal injury
lawyer in Bradenton, FL, to make sure your claim is filed on
time and stay apprised of its progress as your case progresses.
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Created on Feb 22nd 2018 03:07. Viewed 284 times.