In order to successfully pursue a product liability claim, the following must be true:
- You suffered real injury or loss due to the product
- The product is shown to be defective through a design flaw, a manufacturing error, or a failure to warn
However, there are many things that can affect the validity of your claim or cause your settlement to be decreased or even eliminated. These three problems may ruin your product liability claim:
1. Your Injuries Were Never Properly Documented
If you were injured by a product, it is important that you seek medical attention as soon as possible, even if you feel as though the injuries are minor or do not warrant medical attention. Waiting any length of time can indicate that your injuries were not severe enough to warrant a liability claim. Obtain copies of all medical testing and doctor’s reports to provide your product liability lawyer. Without clear documentation of your injuries or the damages caused by the product, it will be difficult for you to obtain a sizable settlement and may even preclude you from obtaining any settlement at all.
2. It Is Not Clear That the Product In Question Caused Damage
When you are injured by a product, it must be able to be proven that the specific product caused the damage in question. If you were using other products at the same time, for example, if you claim that a medication caused serious defects but you were using other medication at the time, it may be difficult to eliminate all other potential causes of injury. An Idaho personal injury attorney can assist you in gathering evidence in this regard to illustrate that the product you claim to have caused you injury did indeed cause the damage and it cannot be attributed to any other product.
3. You Used the Product In a Matter Other Than Directed
This is perhaps one of the most common reasons that a product liability case is dismissed. If you obtained an injury from using a product in a manner other than what was instructed by the manufacturer, chances are, you’re not going to be able to bring a liability claim forward for that injury. For example, if you replaced tires on your vehicle with tires that weren’t the right size or fit and an accident occurred, you may not be able to pursue a settlement for damages since you did not heed the instructions for proper use of the tires.
When to Contact a Boise Product Liability Attorney
In any case where you are injured by a product, it is important that you consult with a skilled Idaho personal injury lawyer. An attorney will be able to review the facts and circumstances surrounding your case, and let you know if there are any issues that could potentially ruin your product liability claim. Your lawyer can work with you to obtain the medical evidence and other documentation needed to pursue the claim.
At the Rossman Law Group, we understand the laws surrounding personal injury claims and can help you put together the information needed to pursue the maximum settlement award possible. Contact one of our skilled attorneys today for strong representation at (208) 331-2030.