What to Know When You’re Injured by a Product
Manufacturers have a duty to create products safe for everyday intended use. However, not every product is safe for use when it hits the market. What happens when you’re seriously injured after using a product?
What is products liability?
Products liability is a type of personal injury and negligence claim. When you file a products liability claim, you essentially accuse a manufacturer of creating products which are either unsafe for their intended use, failed to warn consumers of potential damage and/or had a manufacturing defect that caused an injury.
Unlike most personal injury claims, products liability are often strict liability lawsuits: the plaintiff doesn’t need to prove that the manufacturer was negligent or reckless. They simply need to show that their injuries occurred as a result of using a defective product.
What’s involved in a products liability claim?
If you’ve been injured by a defective product, you typically have two years from the date of injury to file a claim. This may vary by jurisdiction and when the injury was discovered. For example, you could be injured by lead poisoning, yet fail to discover the source of the injury for months or years.
To prove that you suffered while using a defective product, your attorney may present evidence like a pain journal, medical records, photographs of your injuries and more. In return, you are eligible for compensatory and sometimes punitive damages. Compensatory damages are designed to make a plaintiff “whole” after they suffer injury, while punitive damages penalize particularly egregious conduct. Your lawyer will evaluate your case and explain your potential legal options, so you can make the right choices for your situation.
If you’ve been injured by a defective product, help is available. The experienced personal injury attorneys at Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP are standing by.