Most companies do everything they can to make a product that is safe to use. However, on occasion, a dangerous product still slips through their inspections.
If you are injured by a product that you use in the intended manner, you are eligible for compensation. By claiming your compensation, you are making sure that you are keeping the company honest.
They will continue to try to make their product in a quality manner so that there are fewer and fewer accidentally unsafe products. However, if you intended to pursue your claim for compensation there are several things that you should know.
The first thing you should know is that strict liabilities sometimes apply. This means that you may not even have to prove that the manufacturer was negligent when the product was being made.
Or in other words, you do not have to prove that they were being lax in their standards while making the product that day. You will have to prove that you used the product as directed in the instructions or as intended.
You will also have to prove that it injured you. In most cases if the product is used as intended and causes injury, it is assumed that negligence was present in the designing or making of the product.
These rules are based on the idea that all products should be safe when used as the designer intended. This idea is call the implied warranty of merchantability.
In addition, manufacturers must placing warning labels on the product or warnings in the instruction guide if there are dangerous ways to use the product. For example, blow driers have tags that warn against using it near water.
These dangerous situations cannot be prevented against by anyone except the user. However, the user must be forewarned or the company is held responsible.
Another example would be drugs. Drugs must have labels that detail possible side effects and warnings.
Without these things, a person may take it incorrectly and die from overdose. It is very important people know how to properly take medicine.
You can make a claim for compensation about any product that has injured you when used correctly. This includes the wide spectrum from baby products to cars.
When you bring a product liability case to court, it is under tort law. Or in other words, it is a civil suit you in which you must prove your case under the common law or tort law rules applicable for your state.
In your claim you can claim money for damages you received. This may include things like medical bills related to the injury, lost wages for the injury, or other money lost because of it.
Sometimes you can also get monetary compensation for emotional distress related to the injury. This is considered to be separate from the straight forward compensation of medical bills and so forth.
It is designed to make sure you get compensation for everything that affected you. Depending on where you live, defective drugs may fall under the category of strict liability or pure negligence.
The drug must of course be considered to be safe when used as directed as well. If you are planning on seeking to pursue a claim, you will want to hire an attorney.
A attorney can help you navigate the fine print, rules, laws, and intrigue associated tie the court room. In addition, he or she will know whether negligence or liability applies to most to your case.
It is also nice to have an attorney's help because he or she can help you decide what route you should choose in pursuing your case. He or she will also fill out paperwork.
You will have a much better chance of reaching your claim if you hire an attorney to help you. Sometimes product liability cases are stronger if several people who had an issue with the same product work together and combine their testimonies.
There will not be any other fees related to getting together with the others to create a stronger case and you may even be able to win more than you are asking for. This method also sends a strong message to the company about the quality of their products and they may step it up some.
As you pursue your claim with the help of an attorney you will be able to receive the compensation that you deserve. Be sure that a wise and savvy instead of emotional in the court Room.