In many cases, due to defective manufacturing processes, faulty design or release of an unsafe product, direct consumers may get hurt while using such articles after buying it. The aforementioned situation has a result a personal injury victim, who suffered a product liability case. Therefore, they are entitled to financial compensation under the Tort Law.
However, this is one of the most complex personal injury cases to face, because of to the nature of the possible injury, variety and characteristics of the harmful product, circumstances surrounding the incidental and more. That is why; having the support of an injury lawyer Evansville Indiana is the thing to do, if the purpose is to pursuit a claim and look for a fair settlement.
Personal injury attorneys and product liability claims
A product liability case is given when manufacturers, brands and related retailers are accountable on releasing harmful and risky products to use, even if they are utilized as intended.
Practically, all consumer products can be items considered as unsafe. Nonetheless, the most frequent articles involving product liability claims are drugs, food, medical devices and basically any article that is able to harm the user due to design or manufacturing flaw.
It is the personal injury attorney´s job to actually proof to a court their plaintiff was injured by consumer product that was released to the market, and therefore having been supposedly tested and passed as safe.
To carry out such goal, experienced and skilled lawyers have the knowledge to build a case under actual facts, different areas of the Tort Law and expertise to file a probable successful lawsuit.
By investigating the actual circumstances of the incidental, effects on victim´s health based on medical records and possible mid and long-term sequels, the attorney will come up with a suitable winning case with valid ground for a product liability claim and therefore, a corresponding financial return.
Product liability negligence and strict liability
Because of the complex nature product liability incidentals have, as well as virtually limitless consumer items that may be involved in a varied set of circumstances, personal injury lawyers look for grounds to file lawsuits based on product liability negligence and strict liability.
Let´s review these two:
- Product liability negligence: by following this approach, the attorney will seek to prove direct manufacturer´s or seller´s negligence by searching for the presence of improper testing procedures carried out on items, or the lack of such mandatory processes.
As result, a released product poorly tested ends up having harmful consequences for the consumer.
- Strict liability: with strict reliability, the lawyer will address the case from the harmful result of a manufacturing process point of view, causing injuries to the consumer and affecting their quality of life.
In details, strict liability is based on three conditions that could end up being the direct cause of a personal injury case: failure to warn about possible risks when using the product, a design defect that reached the assembly line and a manufacturing defect that directly comes from the plant where the product is made.