How to file and win a product liability claim?

You might have a legitimate product liability claim if you or your family member were harmed or experienced other damages due to product liability or prescription drugs. It’s beneficial to know what the law wants you to prove to win when considering and preparing your case.

win a product liability claim

Although specifics vary by state, if you are residing in Atlanta, the products liability laws require you to establish all of the following things (referred to as “components” in your claim) to win:

  • You were hurt.
  • The product is faulty.
  • The product’s defect caused your injury.

Proving these points with the help of your Atlanta personal injury attorney will make certain that you win the claim. Nevertheless, it is wise to learn about these components in detail. 

You Were Hurt

You may have been on the verge of experiencing all kinds of unpleasant things. Still, without an actual injury or monetary loss (“damages” in legalese), you’re lacking a vital component of a product’s liability claim.

Let’s say your brand-new electric tea kettle bursts the first time you use it due to a minor crack in the base. You rush out of the path just in time to dodge the steam and water, but you knock a hand-carved crystal vase onto the floor, which happens to be your most prized wedding gift. The vase, on the other hand, is unharmed by the fall.

Despite the fact that the faulty and unsafe tea kettle almost resulted in third-degree burns and the loss of your most valued wedding gift, there was no actual harm or damage. It will make it challenging for you to prove the claim you made. So, there must be an injury or proof of you being hurt. 

The Product Is Faulty

win a product liability claim

You must also show that the defective goods caused your injury. The ease with which you can show this varies depending on the claim you’re making. The fault could be a manufacturing error, design defect, or failure to warn about the possible hazard or another.

In order to prove the defect of the product, you must work with your Atlanta personal injury attorney as they can guide you at every step. They are generally experienced with such claims, so they know exactly what needs to be done for you to win the claim. 

The Product’s Defect caused your Injury

It is insufficient to claim that you were hurt due to the defective product. You must be able to prove that the flaw in the product was the cause of your harm.

In other circumstances, such as the above-mentioned newfangled electric tea kettle, establishing a link between the product fault and your harm is rather simple. In some circumstances, though, it may not be so simple. 

For example, if you were involved in a car crash while driving a car that is susceptible to flipping over when changing directions, and there is proof that you were rushing at the time of the crash, the auto manufacturer will almost certainly argue that your careless driving caused an accident, not the vehicle’s design.

Conclusion

win a product liability claim

Proving these components of your personal injury claim will make it easy for you to win. Talk to your attorney as they can help formulate a winning strategy for your claim. 

How to file and win a product liability claim? 1

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