Do You Have a Product Liability Claim?
If you have been harmed by a defective product you may be compensated for your injuries. Product liability law encourages companies to design, build, and market safe products and when a product is not safe consumers may have legal recourse.
Product Liability Recourses Available
A defective product can be almost anything — vehicles, medical devices, toys, dangerous drugs, machines — and the flaw can be in the design or manufacture of the product. If someone suffers a personal injury while using the product, he or she can file a claim against the manufacturer and possibly its suppliers.
If you were injured, you will need to hire a Malakoff attorney specializing in product liability cases. The attorney will develop evidence and witness accounts to build your case and bring in an expert to testify about faults in the product’s design or manufacture to bolster your case.
What does a product liability lawyer do?Much like a personal injury lawyer, a product liability lawyer represents people hurt or made sick by dangerous and defective products. A product liability attorney will negotiate a settlement on your behalf or represent you in court if your case needs to go to trial.
What is a product liability case?Product liability cases cover nearly any injuries or illnesses caused by dangerous or defective consumer products. Some common examples include claims involving home appliances, power tools, swimming pools, children’s toys, car parts, and prescription drugs. Claims are usually made against manufacturers of the products, companies that assemble or install products, or retailers that sell them.
What is a defense against product liability claims?Products are supposed to come with specific warnings about any potential dangers, such as choking hazards on children’s toys. The defense will investigate whether you were using the product in a way that ignored any clearly stated warnings. Manufacturers may also try to argue that they could not have foreseen certain dangers.
Top Questions to Ask When Hiring an Attorney
- How many years have you been practicing law? How long have you practiced law in the local area?
- How many cases similar to mine have you handled in the past?
- What is the likely outcome for my case?
In legal practice, experience matters. An experienced attorney will likely have handled issues similar to yours many, many times. Therefore, after listening to your situation, the attorney should have a reasonable idea of the time line for a case like yours and the likely resolution.
Tips on Approaching an Initial Attorney Consultation
- Use the consultation as a means of gaining a better understanding of your legal situation.
- Ask the attorney how many cases similar to yours he/she has handled. An attorney’s experience and knowledge can speak to their expertise (or lack of) in addressing your situation.
- Your attorney should be able to articulate roughly how long a case like yours will take to resolve and what sort of procedures to expect.
- Determine how comfortable you are working with the lawyer and/or law firm.
How to Find the Right Attorney
- Determine the area of law that relates to your issue. Attorneys specialize in specific practice areas around legal issues within the broad field of law.
- Seek out recommendations from friends, family, and colleagues. A successful attorney or practice will typically have many satisfied clients.
- Set up consultation appointments to get a better understanding of your case as well as gauge your comfort level with different attorneys. Find the attorney who is the right fit for your needs.
Common legal terms explained
Personal jurisdiction – Requirement that a particular court have authority over a person, in order to bind that person to the judgment of the court, based on minimum contacts. International Shoe Co v. Washington is a landmark Supreme Court case outlining the scope of a state court’s reach in personal jurisdiction.