How To Prove Your Florida Product Liability Claims
Brian O Sutter
Personal Injury
With Christmas finally over, everyone has plenty of new gifts to enjoy. From those new speakers for your car to the abundance of toys your children now own, there is a lot to keep the whole family busy. Unfortunately, our gifts may not work the way they should. In fact, sometimes they end up harming the ones you love.If you or your loved one has been injured using a product, you could have a case for a product liability claim. Product liability claims are typically filed against the distributor or manufacturer of a product that has caused you physical harm. However, in order for you to prove this claim and receive the compensation you deserve, there are a few things you need to prove.
1. You must prove you were injured!
The first step to proving your product liability claim is to prove that you were injured in the first place. The best way to achieve this is with your medical records. Your medical records are a documentation of everything from the date of your injury to the severity of the injury to the cost and the kind of treatment you received from the injury. This is part of why it is so important for you to receive medical attention as soon as possible for your injuries. To obtain these records, simply request them from your healthcare provider.
2. You must prove that the product was defective!
Next, you need to prove that there is something wrong with the product. This can be done in several ways including:
- Manufacturing caused the product to be defective
- The manufacturers had failed to provide adequate instructions for proper product usage
- There was not adequate safety labels on the product
- The distribution of the product is what caused the defect
Additionally, there are a few ways that you can go about proving this as well. In certain cases you can expect a product recall, while others may need you for an expert testimony and additional testing to prove that the product is indeed unsafe. However, it is important to note that proving a product is dangerous does not necessarily mean it was defective.
3. You must prove that you were using the product as intended!
Your product liability laws will only protect you if you had been using the product correctly. For example, if you had been using a hair dryer as something to sit on and were injured in the process, you would not have a case because you were misusing the product. Additionally, if you were not listening to the warning labels or not following the instructions, then you will also not have a claim. So you need to be able to prove that you were using the product correctly in order to have a product liability claim.
4. You must prove that the defect is what caused your injury!
The last and most important part of proving your claim is to prove that it was the product’s defect that directly caused your injuries. Typically, you can prove this by comparing your medical records with your product use history. This can be the most difficult part, which is why you should hire an attorney to help you through it.
If you or a loved one has been harmed by a product defect and you live in the Sarasota, Port Charlotte or southwest of Florida, then don’t hesitate to contact All Injuries Law!