How to file a product liability claim

by | Feb 2, 2015 | Legal Services

Any consumer has the right to sue a manufacturer or others in the distribution chain if a product produced or sold is defective and this defect results in injury. Unfortunately the procedure for filing a product liability claim are complex as is all law and the chances of winning the suit without the able assistance of a defective products attorney in Chicago are slim at best. If you want any chance of winning this type of a lawsuit you will need an attorney who knows product liability law inside and out. If you were to attempt to litigate this case independently you would have to know what a skilled attorney knows, it will be your responsibility to design the case, develop the necessary supporting documentation and to detail the injuries that you claim were the direct fault of the faulty product. There is much more to suing for injuries sustained as a result of defects in materials or manufacturing; there are issues at hand with the labeling, the lack of prominent safety warnings as well as defects in the design.

Once you have been able to demonstrate that you actually were injured in some way and that the injury was the direct result of a defect in the product in question you and your defective products attorney in Chicago must then decide which of the available approaches you are going to take. One of the causes for injury that is often cited is negligence, if you take this approach it will be up to you and your attorney to prove that the manufacturer or the distributor/retailer acted negligently.

A perfect example of a negligent act on the part of a manufacturer, and it happens far too often, is when a manufacturer does not issue a recall notice or take some steps to warn consumers when the manufacturer was aware that the defect existed all along. In a case like this if you are of the opinion that the product in question posed a danger to you as the consumer you can purse of a case of strict liability or you may sue for a breach of warranty, this of course presupposes that the product was warranted but the defects in the product were such that it fell short of the warranty and as a result, you suffered injury.

The best way to approach a defective products law suit is to be fully prepared will full supporting documentation. If you retained the receipt which indicates the date of sale and the seller this is excellent, also have the packaging, any unused portion supported by a statement from a doctor that supports your claim as well as a prepared statement which offers up background information on how the injury happened. Go to the site www.attorneyzim.com for more information.

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