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Starting a Product Liability Lawsuit
Product liability lawsuits can be very complicated. Chances are good that you will be filing suit against a large corporation with a well-funded team of lawyers that will do whatever it can to intimidate you and prevent the case from going to court. Therefore, if you have been injured, become ill, or suffered any other damages due to a defective product or a defective drug, you should begin by consulting with an experienced product liability lawyer.
Establishing your case
You must first be able to prove that you were injured, became ill, or suffered other damages as a direct result of the defective product. Without this you cannot proceed. Then you must establish the cause of the defect. Most likely it will be one of the following:
- Strict product liability - This requires proving a product to be “unreasonably dangerous” because of a design or manufacturing defect. In this case, you do not necessarily have to prove that the manufacturer was aware of the defect, only that they should have been.
- Negligence - Manufacturers have an obligation to sell a product free from defects. If you can prove that the manufacturer was aware or should have been aware of their defective product, and that the defective product caused your injury or illness, then you have a valid case.
- Breach of warranty or improper labeling - Insufficient warning labels, instructions, or a breeched guarantee that the product was safe will need to be proven. Furthermore, you will need to establish whether the defect was due to a manufacturing defect or a design defect.
Hiring an experienced product liability lawyer
Your chances of winning a product liability case or even settling out of court are next to none unless you hire an experienced product liability attorney. Your attorney will know the best way to approach your case and be able to determine whether you have sufficient evidence to make a valid claim. Your attorney will know who and when to sue, and how to calculate the exact amount of damages you should expect to receive from the manufacturer.
If you live in the Mobile, Alabama area and have suffered an injury or other damages due to a defective product or drug, we can help. Please contact the law firm of Long & Waite today to schedule a confidential consultation.