There are thousands of product liability cases filed every year. These result from injury caused by products, from personal items to household appliances and automotive parts. Each case is unique, as are the outcomes.
One thing they all have in common is that they demand a specific filing and litigation process. This is quite complex but is integral to getting compensation for damages.
If you live in Orlando and are the victim of a faulty product, you should be familiar with the claims process. The information below lays out what that entails. It will help you understand the steps to take to get the compensation you deserve.
Determine the Type of Product Liability Breach
“Product liability” lawsuits are filed when a manufacturer produces a product that causes some type of injury, such as toys that are choking hazards or defective automobile parts. Almost any product sold to the public that causes harm can result in a product liability suit.
Product liability cases revolve around the actions of the manufacturer. Specifically, there are three main types of liability: design defects, manufacturing defects, and improper warning.
As the name suggests, design defects are when a manufacturer produces a product that causes harm because of the way it was contrived and configured (and not the manufacturing process itself). Manufacturer defects refer to instances where the product’s design is fine but a shortcoming in production makes it unsafe for use.
Improper warnings are when manufacturers fail to caution consumers about particular uses for the product. It also refers to instances when a manufacturer discovers a defect in a product but fails to issue a recall.
The Product Liability Claims Process
The first actual step in the product liability claims process is submitting a demand letter. This lays out the statement of facts, a description of the evidence, and the level of liability for which you believe the manufacturer is responsible.
This is a meticulous endeavor. It involves spelling out the extent of the injury and damages, including medical bills, loss of wages, pain and suffering, etc.
If the manufacturer agrees to pay the damages, then the case is over. If not, then it proceeds to a trial. This can begin a long process that, depending on the circumstances surrounding the case, can take many months and sometimes years.
It begins with “discovery,” in which both sides exchange evidence and depose witnesses. The actual trial involves jury selection and other motions before each side presents its case.
At any time, the two sides can agree to settle. If not, then the final decision about the guilt of the manufacturer and the amount of damages to be awarded is decided by the members of the jury.
Hire a Product Liability Attorney
As you can see, product liability cases can be extremely complex. Hiring a product liability lawyer is the best thing you can do to ensure success.
A prominent attorney with experience in product liability will be able to navigate the process expertly. They will know when and how to file a case, and identify and present relevant evidence. It also gives you the peace of mind that every aspect of the case is getting the appropriate attention.
Find a Product Liability Attorney Near You
Now that you know the process for filing a product liability claim in Orlando, you can get the ball rolling. Remember that before you file a claim you should at least speak with a product liability legal expert. This will help ensure the best possible outcome for your case.
At Newsome Melton, we pride ourselves on getting results for our clients. Our team is prepared to handle highly technical matters against even the biggest, deep-pocketed opponents. Reach out to us today to schedule a free consultation to discuss your case.