We all love giving and receiving gifts around the holidays. Each year, new toys, electronics, and household products find their way into our homes. While most work as intended, product-related injuries typically rise during the holiday season, when many items are purchased and used for the first time.
If you’re injured by a defective product–around the holidays or anytime–you deserve compensation. What may seem like “user error” is often a hidden defect, and when injuries occur, products liability claims lawyers can help you understand your rights and pursue fair compensation.
Here’s what you need to know about product liability this holiday season:
What is a Product Liability Claim?
Product liability occurs when someone is hurt by a product that doesn’t meet applicable standards. People tend to buy more products during this time of year to give as gifts. When those items malfunction, injuries can occur. People also travel more around the holidays. When they do, products they rely on in their travels can be defective and cause an injury or fatality.
Products commonly associated with product liability claims include:
- Vehicle airbags and seat belt features
- Vehicle tires
- Vehicle roofs (in the event of a rollover accident)
- Child car safety seats
- Toys
- Medical devices
- Consumer electronics
- Applilances
- Sports equipment
If you’re hurt by a product failure and seek compensation (as you should), you and your products liability claims lawyers must prove your case meets three criteria:
- The product was defective
- It was defective when it “left the defendant’s hand,” so to speak.
- You were injured as a result of the defect.
While it may seem easy, the defendant’s insurance company and lawyers will try to prove one or more of those elements is missing. They may also try to get you to settle for less than the case warrants.
There are many nuances in product liability cases. If you don’t have a product liability lawyer advocating on your behalf, you can be denied the compensation you deserve. You can also find yourself in financial distress if you are forced to take time off work or an injury flares up after the fact.
Determining Liability Related to Defective Products
Products liability claims lawyers can help you understand product liability law and the three main categories of lawsuits it governs:
- Defective design – Companies designing and manufacturing products must ensure those products are safe for the intended use and users. For example, toys developed for children should not include small parts creating a choking hazard.
- Defective manufacturing – Some products are properly designed, but problems occur during manufacturing. For example, if a medication contains contaminated ingredients capable of harming users, it may result in a liability claim.
- Failure to warn or marketing defects – Companies have a legal obligation to indicate on product labels who they are intended for and how they should be used to ensure safety. For example, imagine a company making a household cleaning product capable of reacting dangerously with other chemicals. If they do not market the product accurately or they fail to caution users about the issue on the label, they can be found liable for any resulting injuries.
Getting to the heart of a product defect requires working with products liability claims lawyers who are skilled and experienced in this area.
How to Pursue a Product Liability Case
The best way to obtain compensation is to work with a product liability lawyer who can serve as a guide in this complicated legal area. Reaching out to an attorney should be one of the first things you do.
However, before that, you should:
- Get treatment for your injury
- Write down the specifics of the incident, including when and where it happened, how you were using the product, etc .
- Gather documents related to the item, including a purchase receipt (if available), product packaging and documentation, and marketing materials.
Contact Fort Lauderdale Products Liability Claims Lawyers You Can Trust
Suffering a product-related injury can be a disorienting experience, but you’re not alone. We offer a free, informative Product Liability Guide to help you understand your options. Our team of product liability claims lawyers is also available to answer your questions if you’re considering a claim. Pursuing a product liability case is an important decision–one that can bring you justice and help protect others by holding manufacturers accountable and discouraging unsafe practices.
If you or a loved one has been injured by a defective product, contact the team at Ginnis, Krathen & Zelnick today to schedule a free consultation.