There are thousands of product liability cases filed each year. These result from injuries caused by products, from personal items to appliances and auto parts. Each case is unique, as are the results.
One thing they all have in common is that they require a specific filing and litigation process. This is quite complex but is integral to obtaining compensation for damages.
If you live in Orlando and are the victim of a defective product, you should be familiar with the claims process. The following information sets out what that entails. It will help you understand the steps to take to get the compensation you deserve.
Determining the type of product liability violation
“Product liability” lawsuits are filed when a manufacturer produces a product that causes some type of injury, such as choking hazard toys or defective auto parts. Almost any product sold to the public that causes harm can result in a product liability lawsuit.
Product liability cases revolve around the actions of the manufacturer. Specifically, there are three main types of liability: design defects, manufacturing defects, and undue warning.
As the name suggests, design defects occur when a manufacturer produces a product that causes damage because of the way it was designed and configured (and not because of the manufacturing process itself). Manufacturing defects refer to cases where the product design is fine, but a production deficiency makes it unsafe to use.
Inadequate warnings are when manufacturers fail to warn consumers about the particular uses of the product. It also refers to cases where a manufacturer discovers a defect in a product but does not issue a recall.
The product liability claims process
The first real step in the product liability claims process is to submit a demand letter. This sets forth the statement of facts, a description of the evidence, and the level of liability for which you believe the manufacturer is liable.
This is a painstaking effort. It involves detailing the extent of the injury and damages, including medical bills, lost wages, pain and suffering, etc.
If the manufacturer agrees to pay the damages, then the case is over. If not, then a trial proceeds. This can start a lengthy process that, depending on the circumstances surrounding the case, can take many months and sometimes years.
It begins with “discovery,” in which both parties exchange evidence and testify witnesses. The actual trial involves jury selection and other motions before each side presents its case.
At any time, the two parties can agree to reach an agreement. Otherwise, the jurors make the final decision on the manufacturer’s guilt and the amount of damages to be awarded.
Hire a Product Liability Lawyer
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 product liability attorney with experience will be able to expertly navigate the process. They will know when and how to present a case, and they will identify and present the relevant evidence. It also gives you peace of mind that every aspect of the case is receiving proper attention.
Find a Product Liability Lawyer Near You
Now that you know the process for filing a product liability claim in Orlando, you can get to work. Remember that before filing 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 and deepest opponents. Contact us today to schedule a free consultation to discuss your case.