When consumers buy any product, they have a certain expectation that it will be able to address their needs, because this is the reason why they bought it in the first place. However, there are instances wherein instead of fulfilling the expectations of consumers, the products cause harm. In case you came across a defective product that caused you harm, below is everything you need to know to practice your legal rights.
Types of Defective Product Claims
One of the primary things that you need to know to be able to understand your legal rights when it comes to being injured by a defective product is the type of defective product claims. The Personal Injury Lawyers in San Antonio Texas suggest that you familiarize yourself with this for you to have an idea of which category your claim will fall under. In this way, you will have a better chance of making your case stronger.
Some of the most common defective product claims include defects in design or defects in manufacturing, as well as defects in warnings. When it comes to defects in design, for example, the brake cables of your bicycle come apart when you ride it during normal use. On the other hand, defects in manufacturing can be a car accelerator that is prone to sticking, leading to a serious car accident. The defect in warning can be an inadequate written warning on a space heater that is prone to overheating.
Product Defect Tests
In terms of a design defect, certain product defect tests can be conducted. One is the consumer expectation test that evaluates whether the product failed to perform safely. However, this can only be used in cases wherein the jurors will be able to properly assess the safety design of the product based on the normal use of consumers.
On the other hand, there is also the risk-benefit test which aims to determine whether the inherent dangers of the product outweigh its benefits. Some of the factors that may help determine this include the severity of the danger imposed by the design or the likelihood that this inherent danger may cause injury. Even the mechanical possibility of a safer alternative design is looked into when it comes to this test.
Legal Remedies
There are a couple of legal remedies for defective products and these are negligence as well as strict liability. The former is when you will be able to collect damages from a defendant such as a manufacturer or a retailer while the latter encompasses the liability of only the manufacturer because of the product defects that occurred during the manufacturing process or what is commonly known as manufacturing error. What you can do in this case is to discuss with a lawyer for you to determine which legal remedy is more suitable for your product defect claim.
Legal Basis of a Lawsuit
If you want to succeed in making a defective product claim, you have to prove certain things to back up your claim. For instance, you need to establish that the manufacturer of the product owed you duty or they breached the duty owed to you. You may also need to find pieces of evidence proving that the breach of duty was the reason for your injury or even a proximate cause of it. Make sure to keep all your records because you may also have to prove that you suffered actual damages as a result of the negligent act by the manufacturer.
Just keep in mind that if you have only minor injuries or a financial loss that is not that significant, then it may not be worth your time and energy to pursue the claim. For this reason, you have to assess and balance your needs for your good. Rest assured that a seasoned lawyer with sufficient experience in these cases will be able to help you every step of the way. They are the ones who are in the best position who will be able to explain to you what to expect as well as whether your case is strong enough to be pursued.
If you have been hurt by a defective product, make sure to familiarize yourself with the types of defective product claims as well as product defect tests. It is also a good idea to be aware of the legal remedies as well as the legal basis of a product defect lawsuit. All these are geared towards ensuring that you can practice your legal rights when you are hurt by a defective product.