Products liability claims arise out of product defects that cause bodily harm. The defective product could be one used in the home or at work. The individual harmed must show the product causing the injury was unreasonably defective when it left the control of the manufacturer; usually, this means the harm caused by the product defect ought to have been foreseen by the manufacturer.
If the injury is sustained at work, then the injured person is entitled to pursue the product manufacturer for additional compensation as well as qualifying for workers compensation benefits from the employer. In such a situation, preserving the dangerous tool that caused the injury is critical to success against the product manufacturer, though. Usually, some cooperation from the employer (who is legally entitled to be reimbursed for the benefits paid the injured worker out of the proceeds of a successful defective product claim) is helpful, if not essential, in preserving evidence needed to support the claim.
Some of the product defects giving rise to recoveries made by our law firm include ladders, above-ground swimming pools, skid-steer loaders, table saws, hydraulic pumps, industrial paper machines, man-baskets on construction sites, heavy truck door latches, children’s hooded sweatshirts and child infant seats. A glance at this partial list reveals that some of these products are more dangerous to users than might have first seemed obvious. So, a serious injury suffered while using ANY product is worth contacting an experienced bodily injury lawyer at our law firm to discuss. Never assume you don’t have a legitimate claim without talking with a qualified trial lawyer to discuss, first.
Not every injury from a defective product is worth pursuing. User mistakes and failure to heed instructions or obvious warnings on the product are only two of the defenses available to the product manufacturer that can bar a claim. Again, though, an opinion from a competent product liability attorney at our law firm should always be obtained before deciding whether to pursue or abandon a defective product claim.
Because most product manufacturers aggressively defend all defective product claims brought against them, though, such claims are costly and expensive to pursue. Expert engineering consultants who charge thousands of dollars for their time and effort are usually required in order to prevail in such a claim. For this reason, defective product claims are not worth pursuing absent a serious injury, because the claim arising out of the harm must be a large one to justify the expenditure of so much money for expert consultants. So, do not be surprised to learn that a serious injury is a necessary precondition to pursuing a defective product claim. Again, legal advice from one of the competent bodily injury lawyers at our law firm is necessary to decide if your claim is worth pursuing.