Detroit Injury Lawyer Explains 4 Legal Elements to Prove in a Product Liability Case

by | Jul 8, 2016 | Personal Injury | 0 comments

Faulty products kill and injure thousands of people every year in the United States. If a dangerous product defect is discovered after an item hits the consumer market, the manufacturer must issue a recall.

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Sometimes the U.S. Food & Drug Administration will request a recall if it receives numerous reports about a product defect. The National Highway Traffic Safety Administration may also request a recall if it receives reports of an auto part malfunction. Unfortunately, some consumers do not find out they are in danger until it is too late.

If you or a loved one was injured by a defective product in Michigan, contact Christopher Trainor & Associates. A personal-injury attorney in Detroit will help you avoid mistakes such as signing a general release or accepting a low settlement.

We are available 24 hours a day, seven days a week. Call 1-800-961-8477 to schedule a free case evaluation.

Until then, read on to learn four elements your injury lawyer will have to prove in a product liability claim:

  1. Actual Injury or Loss

In order for your claim to be successful, you must have suffered an actual injury or loss. If you cannot prove that you suffered an injury or loss, or if you cannot tie your injury or loss to the product defect, then you claim may not be successful.

  1. Defect in the Product

After establishing that you suffered an injury or loss, your personal injury attorney will need to provide evidence that the product was defective. Just because you suffered an injury while using a product does not mean that it was defective. For example, if you cut yourself with a knife, it does not mean there was a defect in the knife. However, if you purchased a new car and the airbags unexpectedly deployed for no reason, there may have been a design or manufacturing defect.

  1. Link between Defect and Injury

The other party or insurance company will find every reason possible to dispute your claim. One common approach is to argue that the injury was not related to the defect, or that it already existed before the incident.

Establishing a link between your injury and a product defect can be challenging. Your injury lawyer may use witness testimonies, medical records, the police report and other evidence to make this connection.

  1. Compliance with Warnings and Instructions

If you were not using a product for its intended purpose or as a reasonable person would have used it, then the at-fault party or insurance company may dispute your claim. However, if the product did not have clearly visible instructions and appropriate warnings and you suffered an injury, then you may have grounds for a claim.

If you were injured by a defective product in Michigan, contact Christopher Trainor & Associates. A Detroit injury lawyer can assess your case, talk to witnesses, gather evidence and help you fight for the maximum compensation.

Our firm has been representing the injured for more than 20 years. Call 1-800-961-8477 to schedule a free case evaluation.

 

Christopher Trainor and Associates Featured on WXYZ

Recently Christopher Trainor and Associates was featured on WXYZ 7 Action News in Detroit regarding a client's case against the Detroit Police Department in which the client was wrongly arrested and held in jail. The full article and can be found on the WXYZ website.

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