Filing Your Defective Product Liability Injury Claim?

0
246
Product Liability Injury Claim

In the United States, the number of those injured by defective product continues to rise. The reason it’s common for a consumer to purchase a defective product. Suffering from a defective product doesn’t mean that you’re immediately supposed to file a product liability claim and get your money back. A consumer needs to ensure that the product was defective, and there were no warning labels or any other special instruction on how to use the product. Consumers need to know their rights when it comes to the use of products. There are legal protective measures in place to ensure one doesn’t get harmed by unsafe products. If you have suffered injuries from a defective product, the only option you may have to ensure you get paid for any loss suffered is through filing a defective product claim.

 Parties Liable For A Defective Product

Every time a manufacturer is coming up with a particular product, they need to be aware of the dangers that may be of risk to the consumer. As such, there should be warnings given as to how the product should be used. If harmed by an unsafe product, then you need to be aware of the person or company that led to your injuries. The liable person may also be foreign, and it doesn’t mean that they should go scot-free. In most cases, it’s tough to come up with the liable party needed to warrant the compensation you deserve. To ensure you have all the defendants listed in your claim, you may consult attorneys and law firms in Wasilla Ak to increase your chances of having a full recovery. Some of the people who may be liable include:

  • The manufacturer: The manufacturer is the only party who starts up the chain of production. He/she may be an individual or a company. There is no question about liability if the manufacturer comes up with unsafe products. Besides, anyone who is linked with the manufacturing of the product should to be included. For instance, if your suffered injuries from a defective safety belt, then you should have both the safety belt manufacturer and the car manufacture liable.
  • Retailer: The retailer may not be the person who manufactured the defective product, but they may still be liable for selling out a defective product.
  • Distributor/ Middlemen: These are also involved in the chain of distribution and therefore may be held liable.

Being able to include multiple defendants in your claim means that if one doesn’t have any insurance policy or is unable to pay for your damages; others parties may be on the hook. This brings about the doctrine of joint and several liability. With this doctrine in place, you can recover damages suffered and leave the defendants to decide on how to share the cost of the injuries suffered. It’s worth noting that the party held liable depends on the circumstances surrounding each case. In any defective product, the plaintiff has to prove that they did not lead to the injuries they suffered and that the harm in the defective product could not be realistically predicted.

Are There Any Time Limits For Filing A Defective Product Liability?

If you have a defective product liability claim, you need to be aware of the time limits. In Alaska, you only have two years to file your defective product liability claim. If this doesn’t happen, the case may be thrown out no matter the amount of evidence one may have. Note that even if the time limit for filing your claim has expired, you may still have a chance to recover damages. Below are some of the reasons why you may have an opportunity to file a claim even if the statute of limitations has expired:

The defendant is in another state: If the party liable resides in another state or has moved in another state where they have a longer time limit for filing defective product lawsuits. In such a situation, you would ensure to have an experienced defective product lawyer guide you on the process.

The injuries took time to appear: In most cases, symptoms of certain injuries take too long to appear and are only discovered after some time. For instance, one may have suffered from safety belt injuries after car accidents and developed chest complications. Another example is where one may have inhaled poisonous gases from a defective product and failed to note any symptoms. In both scenarios, it would require the right expert opinion to prove that those injuries suffered related to the defective product in question.

Seeking Help From A Defective Product Liability Lawyer

Unfortunately, you may believe in having bought a superior product, only to suffer injuries as a result of using it. In case you are a victim of an unsafe product and have the right evidence, you may be entitled to file a claim. Since these claims are intricate, it’s better to consider having a defective product liability lawyer help you determine who may be liable for the damages you have suffered.