If you use a product and sustain injuries or suffer other damages as a result, you may have a product liability claim. However, it may be beneficial for you to understand what the law requires to prove the legitimacy and validity of a valid product liability claim.
Generally, for a product liability case to be successful, the plaintiff must prove:
- The product caused you to be injured
- The product that injured you was defective
- The defect of the product is what caused your injury
- the product was being used the way it was intended to
Below we have broken down the details of each category:
1. The product caused you to be injured or to suffer a loss:
Although a defective product may leave you at high risk for injury, you do not have a product liability claim unless you actually sustain injury or suffer damages.
2. The product that injured you was defective:
You must be able to prove that the product that injured you is defective due to a manufacturing defect or design defect. In addition, if you are able to prove that the dangerous quality of the product is not obvious to any consumer, you may have a valid product liability claim. Manufacturers are required to provide reasonably sufficient warnings and instructions.
3. The defect of the product is what caused your injury:
For your claim to be valid, you must be able to prove that the defect proximately caused your injury. If the defect cannot be linked directly to your damages, your claim may not be adequate.
4. You were utilizing the product as it was intended to be used:
You must be able to prove that you were using the product as it was intended to be used by the manufacturer when you suffered injuries or damages.
Have You Suffered Injuries Due to a Defective Product? Call Klein Frank, P.C.
If you have sustained injuries or suffered damages and believe the manufacturer or designer should be held liable for your harm, we urge you to get in touch with our Boulder product liability lawyers at Klein Frank, P.C. right away. Backed by more than 60 years of combined legal experience, our team has what it takes to successfully defend your rights. When you entrust your case to our team, we can examine your situation and pursue compensation for any medical expenses, lost wages, or emotional distresses you may have suffered as a result.
To speak with a Boulder product liability attorney, call Klein Frank, P.C. today! We are passionate about helping people.