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What Are the Elements of Product Liability Claims?

Suffering an injury is always terrible, but when it happens when you have used a product as it’s meant to be used, it can be overwhelming and shocking as well. Injuries stemming from a defective product can be permanent and even disabling depending on what happened. For example, if your smartphone caught fire while charging when you were asleep, you could be left with serious burn injuries. No matter what the situation, if you suffered damages using a product, you have a product liability valid claim.

There are certain elements that encompass a legal claim for product liability.

You Suffered Injuries and Losses

If you suffered an injury and losses while properly using a product, you have the right to file a liability claim with injury lawyers. When you buy or receive a product as a gift, you are entitled to it working properly and not having any defects, especially those that can result in injuries.

The Product is Defective and You Used it Properly

You must be able to prove that the product was defective when you used it as it’s meant to be used. For instance, if you were using your smartphone to take a phone call and the battery overheats to the point where it exploded and caused you injuries, this would prove product liability.

Manufacturing Error

A manufacturing error can sometimes cause a product to be defective. For example, if the smartphone’s battery was the wrong size, it could easily overheat due to working too hard and cause a problem like an explosion or fire.

Design Defect Rendering the Product Dangerous

Sometimes, the product’s design can cause a defect. Using the smartphone example again, if the phone’s design is too thin to handle such a large battery, it could easily result in disaster while the product is being used.

Failure to Warn

If the product is known to have problems and the manufacturer or seller failed to warn consumers of the dangers, they could be held liable for any injuries.

If all of these elements are in place, you have a legitimate personal injury claim for damages stemming from a defective product.