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4 Elements of a Product Liability Claim

Seeking Compensation After a Product-related Injury

Product designers, manufacturers, and distributors owe a duty to consumers to ensure the products are safe. Yet, consumer products are often defective, causing injury, illness, and even death. If you or someone you love was injured by a defective product, you might be entitled to compensation. However, to bring a successful product liability claim, you will need to show certain elements.

If you were injured by a dangerous or defective product, contact the Great Falls product liability attorneys at Conner, Marr, & Pinski. Our legal team has recovered millions of dollars on behalf of injured victims and their families over the years. As experienced product liability lawyers, we are ready to take on large corporations and get you the compensation you deserve. Contact us today to schedule a FREE initial consultation.

You Were Using the Product as Intended

You will need to establish you were using the defective product in the manner for which it was intended - or a “reasonably foreseeable misuse.” Sometimes consumers don’t use a product for its exact purpose. However, if the manufacturer could reasonably foresee that a person would likely use the product in a different way, they can be held liable.

The Product Was Defective

You must prove the product you were using was dangerous or defective. There are three different types of defects.

Design Defect 

Sometimes a product’s defect is not caused by a manufacturing error. Rather, some products are dangerous or defective due to a mistake made in the design process. Examples include a safety guard on a power tool that does not prevent injury or a top-heavy vehicle prone to rolling over.

Manufacturing Defect 

A manufacturing defect occurs when something goes wrong during the manufacturing process. Examples of manufacturing defects include the following:

  • Missing or incomplete parts
  • Improper assembly or installation
  • Improperly manufactured parts
  • The use of substandard materials

Failure to Warn 

If a manufacturer doesn’t adequately provide instructions on how to use their product or fails to warn consumers of the product’s inherent risks, they can be held liable in a failure to warn claim. A good example is when a pharmaceutical company fails to list possible side effects on a bottle of medication, and the consumer suffers an illness or injury after taking that medication.

The Defective Product Caused Your Injury

You will also need to show the product caused your injuries or losses. Sometimes linking the defective product to your injuries is simple. However, sometimes, the link between the product and your injuries is not as straightforward. That is why it is important to have a product liability attorney who will thoroughly research the incident and work with any necessary experts to prove the product indeed caused your injuries. 

You Suffered Injuries or Losses

Showing the product was defective is not enough for a successful claim. You need to show you were actually injured or that you suffered some other loss as a result of using the defective or dangerous product. 

Contact a Great Falls Product Liability Lawyer to Learn More

As consumers, we never think the products we buy will cause us harm. Yet, unfortunately, it is not at all uncommon for dangerous or defective products to cause serious, sometimes fatal, injuries. 

If you or someone you loved was injured by a dangerous or defective product, turn to the Great Falls product liability attorneys at Conner, Marr, & Pinski. Our attorneys will walk you through the legal process, file a product liability claim on your behalf, and work aggressively to get you the compensation you deserve. To take the first step toward securing financial recovery, contact our office to arrange a FREE, no-obligation case review.

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