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Three Things to Keep in Mind When Filing a Product Liability Claim

Every consumer expects the products they use are safe if used as intended. If you sustained an injury after using a defective product, you may be able to hold its manufacturer or distributor liable. You can file a product liability claim in a civil court to recover damages from the liable party. But, before you file, here are some important things you should know:

File as Soon as Possible

Product liability claims fall under personal injury and there is a statute of limitations for filing a personal injury claim. The filing time generally starts on the date of the injury. In some instances, the statute of limitations can be tolled by the court if the victim was not aware for some time that the product had caused an injury. But, you must not count on getting an exception to this deadline. You should hire an attorney from Powers Santola, LLP immediately to get started with your claim. 

Find Additional Sources of Liability

Your product liability claim can involve different defendants, as long as you can present evidence to prove liability. Other possible liable parties can include health care providers. This is possible in claims that involve a defective medical product or a medical error was committed that resulted in additional liability. Also, you can hold product distributors liable if they knew or reasonably should have known there was a defect.

Every source of liability presents extra insurance resources. Insurance policies mostly pay for product liability claims. Make sure to have your lawyer’s guidance to determine all sources of liability and all insurance resources to compensate you. 

Keep Important Evidence

For your claim to be successful, you should prove the product featured a design or manufacturing defect or a problem with the instruction label that made it unsafe for consumers. The product’s manufacturer, designer, or distributor knew or had reasons to know about the defect; however, failed to warn consumers. Also, you should show you were injured because of the product’s design or manufacturing defect, or improper labeling. Another element to prove is that you experienced certain expenses and life impacts because of your injury from the defective product. You will need evidence to prove these elements, so make sure to keep anything related to your claim. Evidence includes the defective product, the product’s receipts, photos of visible injuries you suffered, and paperwork such as medical bills and time you missed from work because of your injury. a

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