When Can I File a Product Liability Claim?

When Can I File a Product Liability Claim?

After suffering major injuries or other damages from a defective product, you probably find yourself stuck with serious financial losses with a feeling that you wasted all your money on the product. To file a product liability claim, a defective product and damages caused by the product like physical injuries are required. There are other factors you will need to prove that an experienced Mississippi defective product attorney might be able to help you with. Understanding the different types of defective products can improve your claim by pinpointing the specific defect that caused your damages.  

What Does a Product Liability Claim Require?

Product liability legal requirements include five legal factors to prove beyond a reasonable doubt. Missing one of these in your product liability claim may prevent you from receiving the compensation you need. Compensation can be used to cover your medical costs for treatments or medications, lost wages during your recovery, property damages, and emotional distress. 

A lawyer can help you prove the following five aspects of this type of claim. First, you must prove that the person or manufacturer you are suing sold you the product. Second, you need to demonstrate that this person was or is the commercial seller of that product. Part of When Can I File a Product Liability Claim?proving these can be established with a copy of the product receipt. Any damages you suffered must be proven, including pain and suffering, physical injuries, property damage, and anything else.  

The fourth legal factor is difficult to prove when the manufacturer or seller is working against you in court with their own lawyer. This involves proving that the product was defective and which type of product defect caused your damages. Lastly, it must be proven that this product and no other factor is what directly caused the injuries you suffered. 

Types of product defects include marketing defects when the product has inadequate warnings or instructions for safe use, design defects when the product design itself is dangerous, and manufacturing defects that occur during the mass production process. 

Proving a Product Liability Claim

Proving all five legal factors requires collecting sufficient evidence and using logical arguments to support your claim. Product liability evidence typically means:

  • Product receipts to prove the transaction and which parties were involved.
  • The product itself, damaged or not, to show the damage or defect.
  • Copies of your medical records to prove the injuries you sustained.
  • Pictures of your physical injuries and any property damage.
  • Notes on the incident date and what happened.
  • Pictures of the accident scene.

Working with a product liability lawyer can help you collect the evidence and documentation you need for a strong claim. 

Product Liability Lawyer in Mississippi

Encountering obstacles to compensation for a product liability claim is frustrating when you have endured financial losses as a result. You should not have to pay for damages caused by a third party. A lawyer can help you organize what happened, collect the evidence you need, and fight back the manufacturer or seller’s lawyer when they decide to deny your claim. Call Germany Law Firm, PLLC at (607) 487-0555 to talk to a Jackson defective product lawyer today.