Most products that we buy and use on a daily basis are reasonably well-designed and function exactly as they should. When a product does not work properly, it can be very frustrating, but in most cases you can just return the product and receive a new one or get your money back. When a product is so poorly designed that it causes personal injury to you or a loved one, a lawyer can help you determine if you have grounds for a lawsuit to recover damages. Courts generally recognize three types of defective product lawsuits:
  • Manufacturing error (the product was made incorrectly)
  • Design flaw (the product was engineered or designed in an inherently unsafe manner)
  • Failure to warn (the product lacked sufficient labeling for its safe use)
Beyond these three types of defective product lawsuits, you will need to establish the following four elements in order to win your case:
  • You were using the product as it was intended (if you were not using the product as it was intended, you won’t be able to recover for your loss)
  • The product was defective
  • You were injured or you suffered loss (you have to have suffered an actual injury)
  • The product caused your injury
Please be aware that companies take these lawsuits very seriously and will spare no expense to win. If you prevail, they could face a number of class action lawsuits for harm their product has caused to others. A defective product lawyer will help you stand up to them and receive just compensation for your injury. Please call Calwell Luce diTrapano PLLC at 304-400-6558 or contact us online to schedule your appointment.