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Filing a Product Liability Claim Get Medical Attention. The first step to making a claim begins with seeking medical treatment for the injury you sustained from the product. ... Contact a Personal Injury Lawyer. ... Check the Statute of Limitations. ... Gather Evidence and Witnesses.
Product liability is a term used to describe the legal liability of manufacturers or sellers of goods to compensate buyers, users and even bystanders for damages or injuries suffered because of defects in goods purchased.
Defendants in product liability cases frequently assert the defense that the use of the product by the plaintiff was ?abnormal? or a ?misuse? of the product. The argument is that the damages were caused by the user's negligent use of the product and not by any defect in the product.
Product liability Manufacturing defect, where the manufacturing of a product was done incorrectly. Design defect, where the design of a product itself was unsafe and there existed safer alternatives. Marketing defect, where there is inadequate warning of the product risks.
The following are four elements that a personal injury attorney must prove for a successful liability claim: There was an actual loss of property, injury, or death. ... The product was defective. ... The defect causes your property loss or injury. ... You used the product as a reasonable individual would have.