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Jun 9 2019
Can you sue for a defective product?

When you buy a product, you should have no qualms about using it. Federal law mandates that all products, such as handbags, waist trainers, come with easy-to-read instructions and warnings. If you followed such instructions to the letter and were still injured as a result of failure, defect, or malfunction in the product, then you do have legal options.

Why You Need a Lawyer

Your first move should be to contact a lawyer who specializes in product liability law. As you recover from your injuries, you need to start thinking about how you will pay for your medical expenses and lost wages. Sitting down with a lawyer is a good start in that direction.

During the initial consultation, your lawyer will ask you to recall all that happened from the time you purchased the product to the time you first used it. They will verify that you read the operating instructions and gave due attention to any warnings. Your lawyer will also ask about the prognosis for your recovery. This information will be used as the basis for a legal strategy.

Can You Sue For a Defective Product?

The short answer to this is yes, you can sue if you have been injured in an accident involving a defective product.

Manufacturers are liable for any defective goods they have produced and put on the market. All such goods must be put through the most rigorous testing to ensure they are safe for use by the public. Most companies understand their responsibility to the public and take this obligation seriously. Others try to save money by cutting corners. It is the latter who are a danger to the public; and they should be held accountable when one of their products fails and harms someone. 

Mounting the Legal Strategy

Your lawyer will advise you on the legal strategy to employ against the companies responsible for the accident and your injury. Indeed, the company under whose name the product is sold may not be the only one liable for damages. The production of the item may have been distributed across a variety of smaller firms. This kind of chain production and distribution is common in modern industry. One of the first things your lawyer will have to do is determine the specific point at which shoddy work, lack or oversight, or the use of cheap or improper materials led to the defect that caused your injury. They will then advise you on the parties that are liable and prepare the right legal strategy to hold them accountable.

Before You File Suit

If your lawyer believes you have a case, they will launch an independent investigation into the defective item and the companies involved with its production. They will use their own professional investigations team to gather evidence that proves the negligence or incompetence of the parties. Your lawyer will then use this to negotiate a settlement. It may be possible to get you the compensation you deserve without filing a lawsuit.

If the company refuses to offer a reasonable amount of money, then you will need to file a lawsuit.

Getting You Justice

Filing a lawsuit gives your attorney additional powers. They will be able to subpoena documents from the company that show where mistakes were made. Your lawyer will also be able to depose employees of the company to help establish the facts on how the defective item is produced. Your lawyer will also be able to employ experts to show the technical failings of the company. Your attorney may also be able to gather the testimony of other consumers who have experienced problems with the same defective product that you purchased. 

This additional evidence may compel the manufacturers to come back to the negotiating table and offer a settlement that is commensurate with what you have suffered.

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