When we buy products in the market, we do not often run a background check on their parts or ingredients or how they were made. We just assume they are safe to use. All companies are legally obligated to inform the customers about the product on its label. If there are any chances of risks or dangers, the company should also mention that.
If you have been injured because of a defective product, the owner of the company is liable for your injuries. You can file a personal injury compensation claim against them to recover your damages. But for that, you first need to understand how to prove liability. Philadelphia, PA personal injury attorneys can investigate your case and find elements to support the claim.
Various arguments in a product liability case:
- Strict product liability.
In strict product liability, the plaintiff must establish the following:
- The product was sold when it was still dangerous to put to use.
- The seller knew about the dangers of the product and expected the product would reach the customers without changes.
- The plaintiff acquired injuries upon using the product.
-
Negligence.
To prove negligence, the plaintiff needs to prove that the defendant owed a duty of care towards the consumers and caused a breach of duty which led to the injuries.
-
Fraud.
In the fraud theory, the defendant needs to establish that the company made false representations of the concerned product. The defendant was aware of the risks of the product and made the consumer buy it anyway for monetary gain.
-
Breach of warranty.
In breach of warranty, the plaintiff must prove that the product had implied a warranty of a certain period and did not meet the warranty terms.
Situations where you may not receive compensation:
-
You have no injuries.
For any personal injury claim to be successful, you must establish solid pieces of evidence, the most crucial evidence being the reports of your medical injuries. It is not enough to just put forward the argument that you were injured. You must prove that you were injured and that the specific product had caused your injuries. If you cannot meet these two essential criteria, you will not receive compensation.
-
You misused the product.
In order to be eligible for compensation, you must be using the product as intended or as stated on the product label. For example, if you use an electric kettle to heat the water in your kid’s pool and it explodes, you would be held liable for the injuries. The manufacturer does not sell tea kittles to be used safely for that purpose.
