After suffering an injury caused by a defectively designed product, you may be confused as to what to do next. Seeking medical treatment should of course be your first priority. Next, it is important to find an experienced and knowledgeable attorney who can help you pursue a claim for compensation as a result of your losses. In some cases, liability may exist as a result of the product being defectively designed.
Prove These Four Elements to Obtain Compensation for Your Injury
How can you prove that a product was defectively designed in order to succeed in a claim for compensation? The following is an overview of the elements that you must demonstrate:
- You were injured or suffered losses. To succeed in your claim, you must demonstrate that you suffered an actual injury or monetary loss.
- The product that you were utilizing is defective in its design. A product is defectively designed when the danger that is created by the design is unreasonable. It is important to note that a product being dangerous alone is not sufficient. The danger must be unreasonable, and there has to have been a reasonable and cost-effective way to design the product more safely.
- The defect was the cause of your injury. In addition, your injury must have been specifically caused by the design defect.
- You were using the product properly at the time of the injury. Another important aspect to succeeding in your claim for compensation as a result of a design defect is to prove that you were using the product as it was intended when the injury occurred. Specifically, this means that you must have been using the product as the manufacturer intended. However, if the manufacturer could have reasonably anticipated that you would use the product differently, liability may still exist.
Speak With a Texas Dangerous Product Attorney About Your Case
If you are able to prove that a product was defectively designed, you may be entitled to compensation for your losses. These may include lost income, medical bills, and other related expenses. It is important, however, to act quickly. There are limitations on the amount of time that a victim has in which to pursue a lawsuit. Contact Wayne Wright today to discuss your case.