2.8 C
New York
December 7, 2021
V Team Law
Lawyer

When To File A Product Liability Claim?

Every year, thousands of product liability claims are filed against companies. These constitute anything from a piece of defective electric equipment, toddler toys with choking risks, to a bike with defective breaks.

There’s no need for a case to be life-threatening for you to seek compensation. Anything that caused harm or injury qualifies for a liability claim.

However, there are certain benchmarks and product liabilities you can check for a strong claim.

Check #1: Liability type

You should file a claim if your case supports any one of the following liability types:

Negligence

This occurs when the company fails to ensure that its product was produced with user safety in mind.

A manufacturer must design a safe product. If that duty is breached and causes damages to the user, it’s time to file a claim.

Warranty

Manufacturers provide either express or implied warranty to establish the usability of their products.

Express warranties are given in the form of a document that carries all the terms. Implied warranties mean that a company implies that its product is fit for use.

If any of these promises aren’t kept by the manufacturer, then the warranty is breached. If that happens, you have solid grounds to pursue a claim.

Strict liability

If the product caused harm to you or your property, then that comes under a strict liability claim.

All you need to do is prove that the product is defective and caused injury or harm.

Check #2: Defect Type

Other than the liability type, you can also check for the type of defect in the product. These are of three types:

Manufacturing defect

When the defect occurs during manufacturing and makes the product unsafe for use. An example would be a soda can created with the wrong material, which bursts and causes injury.

Design defect

When the intended design lacks proper specifications and is harmful to the user. An example would be an improperly designed helmet that offers no road safety.

Improper warning

When a product is prone to cause harm but the manufacturer doesn’t warn you against it. An example is a cologne that causes skin rashes in people with dry skin.

Filing a claim

If your situation fulfills any one of the above two criteria, you should move forward with a claim. However, remember that you’ll have to prove damages or injuries in order to secure fair compensation.

Related posts

Different Forms of Will Services

Humbert Poul

Find The Best Lawyer For Back Injury

Humbert Poul

Who are Various Types of Lawyers

Humbert Poul