When you purchase a product, you expect that you are buying something that is safe for you and your family to use. However, products can become defective either through their design, an error in the manufacturing process, mislabeling, or for other reasons. If you or someone you love were hurt by a defective product, you may be able to obtain compensation for the damages you incurred.
What Needs to Be Proven in a Product Liability Claim
The burden of proof in a product liability claim, as in most personal injury claims, is on the plaintiff. There are several things that the plaintiff must prove in order for the case to be successful:
- That There Was a Defect in the Product
First, you must prove that there was an actual defect in the product. Perhaps the product was designed with a flaw, or perhaps the product became defective when an error was made and an incorrect material was used during manufacturing. Or perhaps, the manufacturer did not include a proper use or warning label on the product. Regardless, you must show how the product was defective.
- You Must Show That You Used the Product According to its Purpose
In order to have a claim for injuries resulting from a defective product, you must show at the time of the injury the product was being used in accordance to its labeling or purpose. If you became injured while using a product inconsistent with its labeling and became injured, you may not be able to bring a claim forward.
- You Must Have Sustained Injuries as a Direct Result of the Product’s Defect
The next step in your claim is proving that the product defect specifically caused your injuries. If, for example, the product was a medication that caused a severe reaction that hospitalized you, your medical records will need to indicate that the treating doctor believed that the medication caused the reaction.
- You Must Prove That You Incurred Damages as a Result of the Injury
You must be able to show that you incurred real, tangible damages due to the injury caused by the product defect. If you incurred medical bills and lost wages, these would be considered direct damages.
At The Murphy Law Group, we can examine the evidence in your case and determine if you meet all of the above criteria for a defective product claim. We understand how challenging life can be after an injury and are dedicated to helping you move forward with your life after such an accident. We know what it takes to bring forward a successful product liability claim and will do everything we can to present your claim in the best possible light to obtain the full and fair compensation you deserve. Contact us today to schedule a consultation at (617) 570-9000 or (978) 686-3200.