Our modern world is filled with thousands of different products, which we use for a variety of needs, each and every day. Sometimes, people suffer personal injuries due to defective products, and may be eligible to file a lawsuit, depending on their individual circumstances. If you or someone you loved has been injured by a product that you believe to be defective, there are product liability lawyers in Emeryville who are here to help you.
However, not all defective product liability claims are legally valid, and only some will result in damages being awarded to the victim. There are several things that you will have to prove, in order to have a good shot at winning your case. Here are four key pieces that you will need, to give yourself the best chances at a successful legal outcome.
- Proof of actual injury or other damage
The first place to begin in a case like this is to prove that you or a loved one were injured through use of the product. “Almost injured” or “nearly injured” does not count. Make sure to document the injury and provide thorough medical evidence to support your claim.
- Proof that product was defective
Secondly, you must prove that the product you were using at the time of your injury was, in fact, defective, or was lacking in proper instructions or warnings. This is a key area in determining your fault, versus the company or manufacturer’s fault, so gather as much physical or photographic evidence as you can here.
- Proof that the defect was the cause of your injuries
Thirdly, when approaching a product liability lawsuit in Emeryville, you must provide evidence that it was the defect itself, or lack of proper warnings and instructions, that led to your injuries. You will not win your case if your injuries arose from a non-defective aspect of the product, or outlying circumstances.
- Proof that injury occurred during proper use of the product
Lastly, your injuries must be proven to occur while you were more or less using the product in its intended way. Manufacturers and companies will not pay damages for injuries happening when their products were being used outside of their intended purpose.
If you have recently suffered personal injury due to the use of a defective product, reach out to Thomas C. Tagliarini Attorney At Law for a free consultation. We are highly qualified defective product liability attorneys in the East Bay, and we will work hard for you.