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Product liability is a legal term that refers to a manufacturer’s responsibility for injuries caused by its products. If a defective product has injured you, you may be able to recover compensation from the manufacturer or seller of the product. Most personal injury lawyers in Hamilton takes on cases involving defective products if they meet certain criteria:
Product is unreasonably dangerous
The danger must outweigh any benefit of using the product. For example, if you use a medication prescribed by your doctor to treat a certain illness and it causes side effects that are worse than the original illness, your lawyer may be able to help you seek damages for your injuries.
Defect in the product was present when it left the manufacturer’s control
This means that if you open a can of food and get sick because of something in it, this would likely not be a case for compensation unless there was something particularly wrong with how it was packaged or stored. On the other hand, suppose you buy an item that is supposed to be used on an inflatable pool and blows up while in use and injures someone. In that case, this might fall under this category because some safety features should have been built into the device to prevent this kind of accident. A lawyer can help you determine whether or not your injury qualifies as a result of product liability law and whether or not you have grounds for filing a suit.
1. You suffered actual damages as a result of the product’s defect:
• The product must have been in the marketplace long enough for the manufacturer to have had time to discover and address any issues.
• The product must not have been modified by anyone other than the manufacturer or seller (e.g., you didn’t alter it yourself).
• The product can’t be considered “inherently dangerous.” For example, if you were injured while driving a car that was defectively designed, then your claim would likely be unsuccessful because driving is inherently dangerous.
Consult a Personal Injury Attorney
Product liability cases can be particularly challenging because they often involve complex manufacturing issues and technical information about how products are built and designed. However, suppose you’ve been injured by a defective product and believe someone else should be responsible for your injuries. In that case, you should speak with a lawyer about filing a product liability claim against the party responsible for selling you that defective product.
They can help you gather evidence and build your case, including evaluating witnesses to see their credibility and bringing them in for questioning if necessary. They also help you negotiate with insurance companies to determine how much you’ll receive as compensation for your injuries and help you get it when you win your case.