When Can You Make a Defective Product Liability Claim?

by Kevin Smith Author

If 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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About Kevin Smith Senior   Author

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Joined APSense since, December 7th, 2016, From Utah, United States.

Created on Feb 22nd 2018 03:07. Viewed 194 times.


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