Who Is Liable for My Defective Product Claim?
Products available to consumers should never become a safety issue when the consumer uses the product as designed. However, defective products are far more common than you might think. And when a product malfunctions and causes serious injuries, the victim may be entitled to financial compensation.
If the thought of pursuing a civil lawsuit seems overwhelming, you aren’t alone. But with an experienced, compassionate Utah defective product lawyer on your side, you could begin to rebuild your life.
But before you can be awarded an injury settlement, your lawyer will need to determine who should be held accountable for the defective product and the victim’s resulting injuries. Continue reading to learn more about how defective product lawsuits work and who could be culpable in your case. For more individualized help, reach out to a Salt Lake City personal injury lawyer.
Establishing Fault for a Defective Product Claim
Arguably the most important question in any product liability lawsuit is who is liable for the victim’s injuries. That individual or entity will be responsible for compensating the victim.
The difficult thing about defective product claims is that there are so many parties who could have contributed to the product malfunctions that caused your injuries. Some of the parties that could be responsible for your losses include:
- Product distributors
- Product suppliers
- Product manufacturers
- Safety inspectors
- Parts manufacturers
- Company owners
Your lawyer must examine the evidence in your case to figure out which parties played a part in causing the product to not only malfunction, but also become available to the public for purchase despite its defect.
How Defective Product Claims Work
Defective product lawsuits are a type of personal injury or civil lawsuit. But before you get to the lawsuit stage, the first step of the process is for your lawyer to figure out who is responsible for your injuries and how much your losses are worth.
This is done by adding up the value of both your economic and non-economic damages, including pain and suffering, lost quality of life, property damages, emotional distress, lost income, diminished earning capacity, and medical expenses and equipment, to name a few.
Once your defective product lawyer has determined how much you should seek, you’ll file a claim with the appropriate insurance company. In almost all defective product cases, the defendant will have an insurance policy in effect that covers cases like yours.
However, insurers are not known for providing fair or reasonable settlements. If the insurer fails to meet your needs, or if your losses exceed the insurance company’s financial obligation, your next best option may be to go to court.
Get Help from a Defective Product Lawyer
If you have suffered devastating injuries or illness as a result of a defective product, you may be entitled to financial compensation. Contact a qualified lawyer at Craig Swapp & Associates by phone at 1-800-404-9000 or through the quick contact form included at the bottom of this page.