Product Liability Case

What Must I Prove in Order to Win a Product Liability Case?

If a defective product caused your injuries, product liability law says that you do not need to prove negligence. Instead, you only need to show that the product had a defect when you bought it, that you did not alter it significantly, and that you suffered injuries because of the defect.
The product liability attorneys at Gacovino, Lake & Associates, P.C. can help you understand your legal options for compensation if you suffered injuries due to a defective consumer product. Call us today at 631-600-0000 to schedule your complimentary case evaluation.

Strict Liability and Product Defects

The liability standard for defective products cases is strict liability. This standard makes it possible to win compensation for your injuries without ever showing the company did not take the proper precautions and acted negligently. While we may believe it caused your injuries, we do not have to provide proof the company failed to study the viability of their design or test the product properly after manufacturing.
Instead, we only need to show the product had a defect, this defect caused your injuries, and that you did not alter the product in any significant way. As long as you used the product according to the instructions or in the way a reasonable person would, we should be able to prove your case and win compensation for your damages.

Types of Damages Available in a Defective Product Case

Depending on the injuries and financial losses you suffered, we may be able to recover a wide range of damages in your product liability case. This may include money to cover your:

  • Medical care
  • Therapy and Rehabilitation costs
  • Past and future lost wages
  • Property damage
  • Other accident-related costs

We will also request compensation to pay for your noneconomic damages (pain and suffering). We can explain what we include in these damages, and calculate how much they might be worth based on the facts of your case.
You can obtain economic and noneconomic damages through either an insurance claim or a product liability lawsuit. We can typically settle these cases out of court, but sometimes it is necessary for us to take your case to court because the judge may award punitive damages. These damages punish a reckless company, such as a manufacturer that knew about a danger but hid it from consumers. While judges give out punitive damages only in rare circumstances, they could make up a substantial part of the total award.

Causes of Product Defects

There are three primary ways that products can be defective:

  • They have a defective design that does not work properly
  • They have manufacturing defects that cause breakage or improper function
  • They have improper instructions or lack proper warnings about their dangers

Some of the common reasons defects occur include companies that fail to properly test a product before sending on to the marketplace, using cheaper or weaker materials than needed during the manufacturing process, and failing to include proper instructions with a product. Defects can also occur after the manufacturing process concludes. A company that transported a medication to pharmacies, for example, might not keep it at the proper temperature, and this could cause significant issues for consumers.

Talk to a Product Liability Attorney Today

The attorneys at Gacovino, Lake & Associates, P.C. can help you build a case against the manufacturer of the product that caused your injuries. Call us today at 631-600-0000 for your free case review.