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An Experienced Personal Injury Attorney Can Help With Your Product Liability Claim

Posted on in Personal Injury

If you have been injured because of a product you used, you may be able to file a product liability claim. A defective product case generally falls into three categories: defective manufacturing, lack of adequate instructions or warnings of any dangers, or defective design.

Filing a Lawsuit

In a product injury claim, the theories used to recover damages are a tortious misrepresentation, strict liability in tort, negligence, and breach of warranty.

In order to be successful in your claim, you must prove the following:

  • The product manufacturer owed you a duty.
  • The manufacturer breached that duty.
  • The manufacturer's breach of duty caused your injury.
  • You suffered damages as a result of the negligence.

You can file a claim for tortious misrepresentation if you were injured when relying on misleading information provided to you by the product's manufacturer.

A breach of warranty claim is when you were injured by a product that was covered under warranty.

Suffering Damages

One of the biggest aspects of a product liability case is determining the types of damages you suffered, and the amount of those damages. It may be helpful for your claim if you can estimate the value of your damages before you file your claim. Minor damages or those with a minimal financial value may not be worth the time and energy to pursue.

Personal injury cases can be difficult to prove, whether or not the injury was caused by a defective product or another individual. For help with your claim, contact us to set up a consultation.

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