When you experience a significant injury, all of your energy is initially focused on getting treatment, healing and handling the rest of your life as you adjust to living life with the impact of the injury. But after things calm down, you can be left wondering: How did I get hurt? Whose fault was this? If you feel like the fault lies with a poorly made or dysfunctional product, you might ask: Do I have a legal case as recourse?
Deciding whether or not to pursue a lawsuit for a product defect or liability can seem daunting, but there are many reasons why it’s worth taking the effort to ask the right questions and analyze your unique situation.
When deciding whether or not a defective product may be to blame for an injury (or for a wrongful death), ask yourself:
1. Were you actually injured when using the product? (Being almost injured or barely avoiding injury likely does not constitute a recoverable case) And were your injuries and related financial losses significant?
2. Was the product involved defective in any way (failed to work as described, malfunctioned, or did something else wrong?)
3. Did the product come with warnings or instructions? If so, did you follow them appropriately?
4. Did the defect, lack of warning, or poor instructions directly result in your injury?
5. At the time of your injury, were you using the product in the manner in which it was intended to be used?
If you can answer yes to most of these questions, then you may very well have a case against the product’s manufacturer. Because it can be difficult to answer some of these questions it is critically important to speak with an experienced product liability attorney who can help you understand your unique situation and your rights. There are significant gains to be made from a product liability suit that can help cover your medical expenses and lost time at work. Contact the lawyers at the Hodge & Langley Law Firm today to discuss your injury and learn if a product liability suit is the right choice for your case.