According to the FDA, companies recalled more than 275 products between January and September 2013. These recalls included everything from pre-lit Christmas trees that caused fires to pre-made biscuits with metal fragments baked inside.
If you have fallen victim to a defective or dangerous product, recalled or not, review the elements of a valid claim below. Then reach out to a product liability lawyer at our law firm who can help you get the compensation you require.
What Are the Elements of a Product Liability Claim?
To make a successful product liability claim, you must be able to prove four elements:
- You used a product as intended. To meet this element, you must show that you were using the product as intended, or that you used it in a reasonably foreseeable manner.
- The product you used was defective. You can base your defect claim on one of three grounds: faulty or negligent design, a manufacturing defect, or the failure to provide adequate warnings.
- You suffered a loss and/or injury. You must have an actual loss, such as medical bills or lost wages, to prove this element.
- The defect caused your injury. This element requires you to show that the defect itself caused your injury or loss. Saying you were using the product at the time of the injury is not enough.
Proving each element of a product liability claim can be difficult, as each depends on the unique facts at hand and the way you structure your legal arguments. To ensure you have a strong chance of proving your claim and obtaining compensation, speak to an experienced product liability attorney.
Individual Versus Class Action Lawsuits
If you were hurt in a one-off situation, such as one in which only your version of the product was defective, then you can expect to be the only plaintiff in your product liability case. Depending on your specific circumstances, however, you may find yourself within a class action lawsuit.
In these lawsuits, a group of people that suffered similar injuries comes together as one unit – the class – to pursue compensation from the company that:
- And/or sold the defective product
Class action lawsuits can occur with most any product, but often arises in instances of dangerous drugs and defective medical devices.
What Are Common Defective Products?
It is possible to suffer an injury from any range of products, such as:
- And tobacco
Other common defective products include:
- Children’s products, including toys, magnets, pajamas, car seats and strollers
- Consumer products, including laptop batteries, microwaves and
- Car parts, including tires, seat belts and air bags
- Tools and machinery, including saws, ladders, punch presses, conveyors and scaffolding
- Dangerous drugs, including Accutane and Yaz
- Defective medical devices, including DePuy hip implants and silicone breast implants