Recently, I came across a thread on a popular social media forum where the user wanted to know about how Personal Injury vs. Product Liability cases can have the same lawyer.
Now, while it is true that most people were a little divided on this topic, I have my own opinion. And that is what I will be explaining in this blog.
Every day, we use products that make life easier for us—what we eat, what we drive. But what if what’s intended to assist us will actually hurt us? That’s when product liability comes in.
Product liability is the legislation that makes manufacturers, distributors, or sellers liable when a product ends up being dangerous.
If you’ve been hurt due to a faulty or dangerous product, you’re owed help—and the compensation you’re entitled to. A personal injury lawyer can assist you in obtaining both.
These attorneys understand personal injury law and how to get tough on even the biggest companies when they are at fault. You don’t have to do it alone—there is help available, and you have the right to seek justice.
What Is Product Liability?
Product liability is a legal term, but the idea behind it is simple. If a product hurts someone because it’s unsafe, the company that made or sold it may be held responsible.
There are three main ways a product can be defective:
- Design Defect: The product was dangerous from the beginning, even before it was made.
- Manufacturing Defect: Something went wrong while making the product, making it unsafe.
- Marketing Defect: The product didn’t come with proper instructions or warnings.
For example, if a piece of machinery malfunctions because of a design flaw or if a toy is easily damaged and hurts a child, those would be cases of product liability. In all such cases, harmed individuals are able to obtain assistance via the judicial system.
Common Examples of Product Liability Cases
Product liability cases may involve an entire array of products we encounter every day. Defective auto parts are often responsible for dangerous accidents.
When the brakes on a car fail or the airbag does not deploy as intended, the accident can have a life-altering outcome.
Children’s toys are another wide-ranging source of danger. A toy too easily broken or with loose parts that were not specifically marked as a choking hazard could do unknown harm.
Even what we consume and eat is a product liability case. Food and supplements that are contaminated and make people sick have the manufacturers who produced or sold them held responsible.
Medical devices, like implants or equipment used in treatment, also injure when they fail to perform as expected.
In all these instances, individuals expect the goods that they consume to be safe. When that expectation is violated, and someone is injured, action can be taken in court.
Why Legal Representation Matters
It may be challenging to compete against a big company or manufacturer.
These corporations normally have lawyers and insurance personnel present who are acting in their benefit. Without the professional advice of an attorney, it’s easy to become intimidated.
That’s why having a personal injury lawyer is so important. They know how to handle these cases, deal with the other side, and protect your rights.
Your lawyer will make sure your injuries aren’t ignored and that you’re not pressured into taking a quick and possibly unfair settlement.
Personal Injury vs. Product Liability: How a PI Lawyer Helps in a Product Liability Case
When a person is hurt through a defective product, it may not be obvious what to do next. That’s where a personal injury attorney can be of greatest assistance.
The first thing that they do is to hear very carefully what occurred. They will ask and record information to determine whether or not a case in law holds up.
Then they start constructing the case by constructing evidence such as medical reports, the product itself, and expert witness testimony for how it was hazardous.
Personal injury attorneys also have to do fault assignment and figure out who’s going to be proving fault.
Oftentimes it is solely the creator, but other times there are other businesses further up the supply chain — e.g., retailers or distributors — that share some fault as well.
The cases can be complex with many different moving parts involved, and attorneys facilitate figuring it all out.
Besides being aware of the law, lawyers also make sure that all the legal documents and timetables in presenting a claim are addressed.
They are aware of what to submit, where, and when. This prevents errors that would take time or jeopardize the case.
Though the majority of product liability claims settle through negotiation, some cases do reach the courtroom.
An attorney for personal injury is ready for either. They will attempt to negotiate a reasonable settlement but are ready to proceed to a trial if it cannot be negotiated.
What Should You Do if You’ve Been Injured by a Product?
Now that you are aware of how a PI lawyer helps in Personal Injury vs. Product Liability cases, let me tell you something important!
If you are injured by a product, you must take the right action as quickly as possible. This is how you should safeguard your health and your legal rights:
1. Seek medical care immediately: Your health is the first priority, and medical documents might be helpful in obtaining your claim.
2. Preserve the product and packaging: Don’t discard anything. Hold on to the product, receipts, boxes, and instructions, as they might prove helpful in the future.
3. Photograph: Photographs of the injury, the object involved, and where the accident occurred can all serve your case.
4. Document what happened: Write down the injury, what you were doing, what happened wrong, and who was involved as soon as possible.
5. Seek advice from a personal injury attorney: The earlier you contact them, the better they will be able to represent your rights and advise you of what to do.
Even if the injury looks minor at first, do not delay reporting it. Certain injuries develop complications with time, and early action can make all the difference in your case.
Wrapping It Up!
When a trusted product injures you, it is overwhelming and perplexing. However, you do not have to go through it by yourself.
A personal injury attorney such as the specialists at Cohen, Feeley, Altemose & Rambo can assist you in knowing your rights, creating a compelling case, and holding others accountable.
Their services can pay for themselves financially and also ensure that others are safe in the future.
Also Read:
- Should You Hire A Personal Injury Lawyer?
- Tip To Prepare Before Meeting A Personal Injury Lawyer
- 5 Types Of Injuries A Personal Injuries Lawyer Can Help You With
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