Keep in mind that you’ll be filing a product liability case if you’ve ever been hurt by a defective or damaged product. Your lawsuit may be based on several different product liability theories. It will be easier to win in this instance. Different types of injuries/illnesses can cause product liability cases:
• Harmful side effects that prescription or OTC medicines can cause
• Health complications and problems from health products
• Cancer diagnoses from products that contained asbestos.
You need to know how to win a product liability case and get your just compensation if you’ve ever been injured by a defective product. You’re the plaintiff and you can make more than one legal argument. These include:
• Strict product liability – you (the plaintiff) must show that the product didn’t have enough warnings and was sold in an unreasonably dangerous condition.
• The seller knowingly sold and distributed the product in a dangerous condition
• You suffered injuries from the defective product.
Negligence
If you’re the plaintiff, you must prove the following in a negligence case:
• The defendant had a duty of care to protect you from or inform you of the product’s potential hidden dangers.
• The defendant breached a duty of care towards you by selling and distributing the product
• You suffered from property damage or bodily injuries by buying and using the defective product.
Breach of Warranty
You have to prove one or more of the following exists if you want to prove breach of warranty as a plaintiff:
• The product had an express or implied warranty
• The product didn’t meet the terms of the warranty
Fraud
You, as the plaintiff, have to prove that the following existed to prove that the defendant was guilty of fraud:
• The defendant made certain wrongful representations about the product
• The representations weren’t true
• The defendant was aware of the wrongful representations about the product
• The defendant made those representations to convince you to buy the product
• You were justified in relying on those representations
• You suffered damages because of the false representations.
The Main Theory Tends to Rest with Strict Liability
You can use the strict product liability to successfully bring a suit against the defendant. The reason is that it’s relatively easy to meet the simple requirements of the strict product liability theory. You’ll also be able to recover the full range of damages with this liability.
You may be able to win punitive damages too if you can prove that the defendant was also guilty of fraud. That will make your final settlement much bigger and hold the defendant more accountable for his or her actions.