Product liability cases involve a defective product that causes injury or damage. There are three common types of product liability claims. The first type of claim focuses on the product itself. These are called strict liability claims. In these cases, the focus is mainly on the product itself. Was the product safe for its intended uses? If not, then the manufacturer, any company in the supply chain of that product, or the seller of that product may be liable to those injured or damaged.
The second type of a product liability claim is the failure to warn of a danger. If a danger can be designed out of the product by a manufacturer, then it must. However, some products have inherent dangers which are necessary or the product would not be useful. A common example would be a saw. Saws must be sharp to achieve the desired result. A product manufacturer could not make the saw dull without losing the desired result from the saw. Therefore, a number of warnings are a good idea when using a saw. We have all seen obvious warnings that seem silly. However, not everyone would think that a saw would have to be unplugged to avoid an accidental starting of the saw blade when working with it. In this situation, the manufacturer would be required to warn the user of the saw about this danger that may not be obvious to the user of the saw.
A third type of product liability claim involves ordinary negligence. When the manufacturer does not design or manufacture a product with the care that a reasonable company would have used to produce that product, then that company is responsible for the harm and damage it causes to the intended user of that product.
What to do in a Product Liability Case.
If you have been injured by a product that you believe is defective, you must take some immediate steps to protect your potential case. First, if possible, you must keep the product or as much of the product as possible. An expert analysis of a defective product is required for almost every products liability claim. If the product itself cannot be examined, it may make the case difficult to prove. Furthermore, if the injured person is responsible for destroying or losing the defective product, the Court might hold them responsible with sanctions or limitation in proving their case. RG Injury Law has worked with a great number of experts from all over the country to help their clients in products liability cases. RG Injury Law relieves the burden on its clients by taking and storing the defective product. We will even take possession of defective cars and garage them, if necessary.
Second, an investigation must be conducted. Witnesses will often make or break any case, including a products liability claim. Witness statements must be taken and preserved immediately. The facts of the case and the witness statements must be matched with the law to create a strong case from the very beginning. RG Injury Law knows product liability law. We will start creating a strong case for you at our very first meeting. We will gather statements from the necessary witnesses.
Third, the companies responsible for the defective product must be identified and held accountable. Many companies have layers of different subsidiaries and shell companies to hide from responsibility. RG Injury Law is well versed as products liability lawyers in tracking down these companies and peeling back the layers to uncover the responsible parties.