·  Legal News, Analysis, & Commentary

Lawsuits & Litigation

The Step-by-Step Guide to Filing a Successful Products Liability Case

— January 3, 2024

Filing a successful products liability case requires careful preparation, investigation, and a well-trained lawyer.

Have you ever been injured because of a defective or dangerous product? If so, you may have the right to file a products liability case against the manufacturer, distributor, or seller of the product. Products liability law is a complicated area of law but can be simplified by following a step-by-step guide. This post will discuss the different steps you need to take to file a successful products liability case.

Consult with a Personal Injury Lawyer

The first thing you need to do is find an experienced personal injury lawyer who can guide you through the legal process. The lawyer will assess your case and determine if you have a prima facie case. A prima facie case means that the plaintiff (you) has enough evidence to prove the defendant (the manufacturer, distributor, or seller) is liable for the injury caused by the product.

Investigate the Product

The next step is to investigate the product and how it caused your injury. This may involve preserving the evidence and obtaining expert witnesses who can testify about the product’s defects. Your lawyer may also ask you to provide any photos or documentation that can support your claim.

Prove Negligence

Many products liability cases are based on negligence claims, which means that the manufacturer failed to design, manufacture, or distribute the product with reasonable care. To prove negligence, you need to demonstrate that the manufacturer had a duty to care for the safety of the consumers. The manufacturer breached that duty by failing to design or manufacture the product correctly. And, as a result, you suffered damages or injuries.

Gather Medical Records

MI Hospitals Fall Away as Large Corporations Combine
Photo by Vidal Balielo Jr. from Pexels

The next step is to gather your medical records and document your injuries. This is an essential step as it provides evidence of the extent of your injuries, the treatment you received, and the medical costs associated with your injury.

File a Lawsuit

The final step is to file a products liability lawsuit. Your lawyer will draft a complaint that includes all the evidence you’ve collected so far. The complaint is then filed in court, and the defendant is served with the lawsuit. The defendant will then have an opportunity to respond to the complaint, and the litigation process begins.

Filing a successful products liability case requires careful preparation, investigation, and a well-trained lawyer. It’s important to understand the steps involved and work with a lawyer who has the knowledge and expertise in products liability law. Remember, products liability cases can take time and effort, but with the right legal guidance and evidence, you can get the compensation you deserve for your injuries or damages caused by a defective or dangerous product.

Join the conversation!