Product liability has a very broad definition and certain standards which are universal, and a few others that are variable in accordance with the nature of the product, the state, the particular case, etc. Nevertheless, product liability can be simply defined as the legal liability that a manufacturer or seller has in relation to every unit that they manufacture and sell. Certain liabilities are cleverly avoided by the manufacturers and/or sellers with complicated legal language, but some of them cannot be avoided.
If you have reason to be dissatisfied with a product that you bought and feel that you should be compensated for that dissatisfaction, read on as we discuss five important pointers you should know ahead of suing.
Don’t Let Go of the Product
Back when Samsung’s Galaxy Note 7 began to explode for the first time, Samsung was taking away the defective products immediately for repair. Once the situation got out of control, they decided to recall every unit and suffered losses because of that. However, in most cases, this doesn’t happen, and faults are only found in a faulty piece or batch at worst. Therefore, your first objective should be to not let go of the defective product because that’s your winning ticket right there!
Check with a Product Liability Lawyer
A product liability lawyer is a legal professional who handles product liability claimson a daily basis and, therefore, is a specialist in such litigations. When you book an appointment with a product liability lawyer, they will first hear the story, then have your defective device checked by impartial experts to see what the situation is exactly and finally, he/she will tell you if they think you have a legitimate chance of winning a product liability claim. Chances are that they will also provide you with an estimate of what you can expect to win as a settlement, which will vary according to the price you paid for the product, the damages the defective product caused you (physically, financially, mentally), etc.
Estimate Your Damages and Gather Evidence
Aside from the bill of purchase and the independent views regarding the damage to the product by an impartial expert, you will also need to consider the following factors.
- Did the product cause any other damage to you, those around you, your reputation, your health and the like?
- If it did, how much evidence do you have, or can gather to support your claim; this is something that the product liability claims lawyer will help you with
- Consult with your lawyer to estimate the kind of compensation you should be getting on account of the damages caused and the evidence you have gathered to support your case in court
For example, someone being in an accident because the brakes failed on a faulty car is not to be considered at fault. Rather, it is the fault of the manufacturer/dealer. Nevertheless, it will still need to be proved in a court of law. Take a bit of time, but don’t file a case too soon as that may just give the defendant a chance to cover their tracks.