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.

photodune-693773-death-xs

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.

 

Detroit, MI – Multi-Vehicle Wreck w/Injuries on M-5 at I-696

Detroit, MI (November 26, 2023) - After an accident early on Sunday evening, November 26, a local Detroit roadway was nearly completely closed. Multiple right lanes, along with the freeway ramp, of eastbound Michigan Highway 5 at the I-696 exit were closed due to the...

St. Clair Co, MI – Injury-Causing Collision on 31 Mile Rd at Wadhams

St. Clair County, MI (November 26, 2023) - On Sunday afternoon, November 26, a three-vehicle crash resulted in at least one injury at the scene and closed down a local highway, according to local authorities. Several drivers were involved in a collision that shut down...

Detroit, MI – I-75 Site of Injury Car Accident at Adams Rd

Detroit, MI (November 26, 2023) - An accident involving at least two drivers happened on a local highway on Sunday, November 26, according to the Michigan Department of Transportation, resulting in a handful of potential victim injuries. At about 5:35 p.m., EMTs,...

Warren, MI – Injuries Reported in House Fire on 14 Mile Rd

Warren, MI (November 26, 2023) - According to officials with the Detroit Fire Department, a handful of victims were rescued from a home fire that occurred on Sunday, November 26. A house on 14 Mile Road near the Schoenherr Freeway in Warren caught fire at around 5:00...

Detroit, MI – Driver Arrested After Injury Wreck on I-96 at Telegraph

Detroit, MI (November 26, 2023) - Police say that an intoxicated driver caused a rear-end collision on I-96 early Sunday morning, and a man from Southfield is now in custody. Just before 3:30 a.m. in the morning, the Michigan State Police fielded several reports of an...

Madison Heights, MI – Woman Dies in Head-on Crash on 14 Mile Rd

Madison Heights, MI (November 26, 2023) - Late Saturday afternoon in Madison Heights, a woman in her 70s lost her life in a head-on collision. A westbound motorist crossed the centerline and collided with a vehicle driven by a 77-year-old woman, who was traveling east...

Detroit, MI – Three Hospitalized in Hit-and-Run at Schoolcraft & Southfield

Detroit, MI (November 26, 2023) - On Saturday night, a vehicle in Detroit struck three pedestrians, leaving them in serious condition. The incident reportedly took place on the western side of the city, at the intersection of Schoolcraft and the Southfield Freeway, at...

Mason Co, MI – Two Killed in Plane Crash at Mason Co Airport

Mason County, MI (November 26, 2023) - On Sunday morning, just after departure, an aircraft crashed and caught fire, killing two persons. No names were immediately given for the two victims of the collision near Ludington's Mason County Airport. Mason-Oceana 911...

Detroit, MI – Multi-Vehicle Wreck w/Injuries on I-75 After 14 Mile Rd

Detroit, MI (November 25, 2023) - After an accident early on Saturday morning, November 25, a local Detroit roadway was nearly completely closed. Several right lanes of southbound Interstate 75 after the 14 Mile Road exit were closed due to the accident at roughly...

White Lake Twnshp, MI – Gas Explosion, Injuries at Bogie Lake & M-59

White Lake Township, MI (November 25, 2023) - White Lake Township was the scene of a reported gas explosion on Friday night, November 25, and authorities are still looking into the incident. The incident took place near the intersection of Bogie Lake Road and Michigan...