Filing a lawsuit over a defective product requires that you meet some specific criteria. Many of the requirements are very similar to what is required of any lawsuit, so you’ll have some idea of whether or not you have a good claim on your hands by simply taking a look at some previous cases and seeing if they apply to you.
Serious harm was done.
First and foremost, you have to have suffered real harm due to the defective product. The harm should be physical and can be financial as well. As an example of this, a man in New York recently sued the manufacturer of a drain cleaner because the instructions did not give adequate warning, according to the lawsuit, that there was a serious risk of blindness from using the product. The product itself was not defective in how it worked in this particular instance but was alleged to be defective in that the risks it posed were not adequately described.
You used it according to instructions.
Some products are easy to use contrary to their instructions. Using a screwdriver as a hammer by pounding a nail with the handle is an example of this. In order for a product to be deemed defective, you’ll have to demonstrate that you were using it according to the instructions. The product may have not lived up to the claims of advertisers or you may have suffered actual injuries; either is suitable grounds for a lawsuit in many cases.
Express the value in hard numbers.
In order to sue over anything, you have to demonstrate what would be a suitable remedy. For most lawsuits, this means money. Working with an attorney, you’ll have to come up with a figure that you believe would adequately compensate you for the damages that you suffered both monetary and emotional. This can be harder than it seems but an attorney will understand how to make that assessment correctly.
Contacting an attorney.
Product liability lawyers (including us) offer free consultations, so take advantage of that fact! The reason for this is that they need to know whether or not they want you as a client before they put you on contract. If they do, they may take you on and may want to argue your claim in court. Remember, however, that not taking you on as a client if they don’t believe that they can help is the mark of a good attorney, so be sure to listen to their advice at the consultation.
Speak With a Dallas Personal Injury Attorney For Free
The attorneys at Rasansky Law Firm are happy to speak to you about your potential case free of charge. If we can help with your claim, we’ll do so for no out-of-pocket cost to you. Call us 24/7 at (214) 651-6100, or toll-free at 1-877-405-4313.