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by Jeff Rasansky - December 5, 2013
Jeff Rasansky
Jeff Rasansky, managing partner of Rasansky Law Firm, is an aggressive Dallas personal injury lawyer with 25 years of legal experience.

A product liability claim is something you need to discuss with a lawyer. Before you get started, remember the following:

  • Never rely on pop culture for information about these claims
  • Never rely on the media for information about these claims
  • Never rely on friends and family for information about these claims

Product liability lawsuits are quite frequently grossly miscast by these sources of information. When it comes down to it, only a lawyer can provide you with comprehensive information about these claims. These, however, are the basics.

LawGavelA Product Liability Claim Must Prove the Cause

Your lawyer will have to establish to the jury that the product in question was the proximate cause of any injury or property damage you suffered and over which you’re suing. This means that, for instance, you could not sue a radio manufacturer because it shocked you while you were using it in the shower. This is an unlikely scenario, but it illustrates the point. In this case, misuse, not the product itself, would be the proximate cause of injury.

It Was Dangerous When You Bought It

The product has to have been dangerous when it was sold. You cannot sue a company because you made a dangerous modification to their product and then were injured by it. For example, if you removed the guard from a table saw and lost a finger, that’s your fault, it’s not the manufacturer’s fault as they provided the guard with the original product. If the guard was in place and it failed, however, they may be liable.

The Usage Must Have been Proper

If you were using a product improperly and it caused you harm, this is not the manufacturer’s fault. For example, if you used a kerosene heater in your home and it caused carbon monoxide poisoning when it was only intended to be used in very well-ventilated areas such as a garage, and it carried warnings to that effect, it’s likely your fault you were injured.

A defective product attorney can help you if your injuries or property damage meets all these criteria. They cannot guarantee that your case will win, but the can take you on as a client if they believe that you have a legitimate claim that deserves to be argued in front of a jury. There is a chance that you could receive a jury award or a settlement for what you’ve suffered due to the defective product.

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