Do you think that you might be owed damages regarding a product liability issue? Product liability cases occur when you've been damaged (physically or monetarily) by a product through the negligence of the manufacturer. While many product liability cases are fairly obvious, there can be a few things that could complicate your case. This is why the help of a skilled personal injury attorney is important.
1. You Avoided Injury
In order to have a product liability suit, you usually need to have actually been injured. Even if you were almost injured -- or would have been injured if not for your quick reaction times -- you likely won't be able to show any damages because you weren't actually injured. Injury can be monetary or physical, but it can also be emotional.
So this can be a little tricky; you may have narrowly avoided physical damage, for instance, but undergone emotional damage, and that would still count as an injury.
2. You Were Using the Product Incorrectly
It's important that you were using the product as intended. Many products have very specific uses, even if they are commonly used for other things. In fact, the label on most products specifies exactly what it's supposed to be used for.
3. You Were Warned About the Danger
If the product adequately describes a particular danger that you may face -- and that danger is reasonable -- then you may not be able to sue. As an example, a lawnmower may note that running over rocks is hazardous. As the danger is noted by the manufacturer, and the danger is a reasonable one, it's likely you would not be able to initiate a lawsuit if a rock entered the lawnmower and hurt you.
4. Your Injury Wasn't Specific to the Lack of Warning or Defect
In a product injury case, you need to show damages and you need to show that the product had either a defect or a lack of warning. But more than that, you also need to show that these two things were linked. If your product injury is unrelated to a product defect, for instance, this would not be a valid product liability suit. Likewise, if there was a lack of warning on the item but it was really for another reason that you ended up hurt, the product liability suit may not stand.
If you're still confused about what constitutes a product liability suit or whether you have a viable personal injury case, you should always contact a personal injury lawyer. As with many legal matters, it isn't always black and white; you can't know whether you have a solid case until you consult with an attorney.