Product Liability: Identifying Issues with Products After You Buy
If you’ve been injured or otherwise harmed by a product you purchased, there are three areas where you might be able to recover compensation. These are a breach of warranty, negligence, and strict liability. Here’s what you need to know about each of these areas, so you can seek the fair and just compensation you deserve.
What is a Breach of Warranty?
A breach of warranty is essentially a breach of contract. When a company has an express or implied warranty on a product, and something happens to the product that violates that warranty, you may have a breach of a warranty claim. A product liability lawyer is the right choice in these cases and can help you determine whether to file a claim.
You expect the products you purchase to be of a certain quality. They should do the job intended and shouldn’t be harmful if used correctly. Any company that manufactures, distributes, or sells the product could potentially be held liable if the product caused harm or damage, or if it simply didn’t work. A product liability attorney could help you receive compensation in this kind of case.
What is Negligence?
Negligence is another significant area for product liability law, and it can be a very important area when a product causes harm or wrongful death. There are five elements required to prove negligence. These are:
- The manufacturer had a duty
- That duty was breached
- The breach of duty was the actual cause of the injury
- The breach was the injury’s proximate cause
- Damages were suffered as a result of the breach
Because proving all of these elements can be difficult, it’s very important to have a product liability attorney on your side if you’re pursuing a negligence case. By working with an attorney, you can consider all five elements and ensure you have the proof of harm you need before pursuing a settlement or other type of compensation.
What is Strict Liability?
Strict liability applies to proving that a product is defective, regardless of the intent of the other party to the case. This other party is often the manufacturer but could also be a company that distributed the product, or a company that sold the product to an end user.
If you or a loved one were injured by a defective product, even if the manufacturer of that product never intended any harm, you may have a case. Working with a product liability lawyer can help you determine if your circumstances fall under a strict liability claim.
What Must be Proven in a Product Liability Claim?
Product liability attorneys know that proving a product liability claim isn’t always easy. Some claims are very direct and clear as to what happened and whether compensation is deserved. Other cases have more gray areas where a manufacturer or other party to the lawsuit could argue against compensation.
Generally, to receive compensation in a product liability case, your attorney will need to make a clear case that the product was defective when it left the hands of the manufacturer. Then they will need to show that it was that defect that caused your injury. If those concepts can be conclusively proven, you may be entitled to significant compensation.
You can also file a product liability claim on behalf of a loved one in a wrongful death case. If a product caused the death of a loved one, working with a product liability law firm may help you seek closure, payment for medical and funeral expenses, and other compensation depending on the specifics of the case.
Let Craig Swapp & Associates Help You Seek Compensation Today
When you’ve been injured by a product and need to seek compensation, you need product liability attorneys you can trust and rely on. Reaching out to Craig Swapp & Associates is the right way to get the legal representation and support you need during a difficult time. Get in touch with our product liability law firm today and let’s talk about the details of your case.
You don’t have to fight this battle alone or settle for a small amount of offered compensation from the other party’s insurance company just to settle the issue. You can fight for the level of compensation you deserve, and we want to help. Working with us gives you quality legal representation, so you can see a successful resolution to your case.