Do you believe that you or a loved one has been hurt by a dangerous product? If you do and are planning on taking legal action to seek compensation, it should be understood that the burden of proof will ultimately lie with you, the plaintiff. Even with capable counsel by their side, too many clients commit mistakes that can make their product liability claim difficult to assert and ultimately fail. Let's look at some of the most common ones below.
Filing Against the Wrong Party
First and foremost, you need to identify what about the product hurt you. Was is its design? Manufacturing? The warning labeling? Identifying the cause of your injury means you can identify who’s accountable for your injury. Too many clients jump the gun and file suits against manufacturers for a design flaw. These claims are invalid.
Throwing Away the Product
In cases where there is a design flaw, the plaintiff's possession of the product isn't as crucial-- allegedly every model of the product illustrates the designer's liability. With manufacturing defect claims, however, the product involved becomes "one of a kind." Sometimes plaintiffs throw away items and only decide to take legal action later. For manufacturing defect claims, they may be out of luck. The same goes for tampering or attempting to repair a defective product.
Having Partial Fault in the Incident
Many times, consumers are hurt when using products in ways that are not exactly the way they are intended to be used. Most products come with a set of directions and warnings and if your injury occurred during an activity that does not follow those instructions, it will be easy for defendants to claim that fault lies with you for improperly using the product. Discuss with a Los Angeles product liability attorney about the incident in question and whether or not your claim is viable.
Choosing the Wrong Counsel
Due to the sensitive nature of this branch of the law, it is critical that you choose experienced, trusted representation. A knowledgeable product liability lawyer can provide you with legal options and advise you how to proceed so that your claim stands the very best chance of recovering you the relief you deserve.
At Shoop | A Professional Law Corporation, our legal team has recovered millions of dollars on behalf of dangerous product victims who were harmed by reckless designers, manufacturers, and retailers. From our very first conversation, we can assist you in preserving the evidence and documentation you need to ensure that your claim makes the most compelling case possible for compensation.
Allow our injury advocates to properly navigate your claim. Call us today to start exploring your options.