Each year thousands of people are seriously injured because of a defective or dangerous product. Consumers are injured by products such as defective tires, airbags, heaters, cribs and other types of products. In other cases, a person may be injured at work when using a machine that malfunctions and causes a serious injury. In either situation, the injured person may be able to file a “product liability claim” against the manufacturer of the product or machine.
A product liability claim is a lawsuit alleging that a person was injured when utilizing a product, piece of equipment or machinery that was manufactured inappropriately or designed defectively. These claims require an injured party to establish that the manufacturer of a product prepared the product in a defective manner that led to a foreseeable danger that caused injury to the harmed person. In addition, the claim must also establish that the manufacturer failed to put in place reasonable warnings and/or safety measures that would have prevented the injury to the harmed person.
Typically, a product liability claim requires an expert in the particular field of the product to testify as to why the product is defective. Once that expert can establish that the product was designed defectively and that the person would not have been injured had the design been different or had other safety measures in place, then a viable claim can be pursued against the manufacturer of that specific product for all the injuries sustained by the injured person. More specifically, a person can then make claims for the pain and suffering they have endured, any time they have lost from work, and any medical expenses they have incurred as a result of the injury they sustained.