When You Do Not Have a Product Liability Claim

A product liability claim depends on a few things. While product liability laws are designed to provide some protection for consumers, the cases filed under them have to be reasonable for the companies, as well.

Directions

In order to sue a manufacturer for having been injured by a product or because a product didn't live up to its advertising, you have to have been using it according to the directions. This is not universally true, however. In some cases, a product may be found to be inherently dangerous. These cases aren't quite as common, however. Most of the time, you will have to have been using the product as directed in order to claim that it was defective and that it caused you an injury.

Advertising

You'll also have to have been using a product in a way consistent with its advertising. If you were using something for a purpose that it wasn't designed for, it's unlikely that you would win a lawsuit if it didn’t perform in the way you expected.

Using a product in a way that is obviously dangerous will also be unlikely to end up in you winning a lawsuit. There are some exceptions, however. A lawsuit is currently underway against a drain cleaner manufacturer filed by a man who couldn’t read the instructions and who was blinded by the product. That lawsuit alleges that the product is too dangerous to be used by everyday consumers.

Finding the Right Lawyer

If you're looking for a good defective products attorney, meet with some for a free consultation. They'll usually do this if they work on contingency. At this consultation, be sure to ask them how long they've been practicing product liability law and what their track record for winning cases is.

When you meet with the attorney, make sure you have as much information as you can gather about the claim you want to file. This consultation usually doesn't take too long. If your case is very good, they may want to take you on right away. If not, they may need to do some additional research to determine whether your case might win or not. A lot of what attorneys do is actually research. If they think there is a good reason to believe that your case could win, however, they may want to represent you and help you to pursue your claim against the manufacturer.