Are You Victim of Defective Products?
Do you think that the last medicine you bought did not only do wonders for your skin allergy, it also failed to heal the headache that has been bugging you?
Do you feel that the detergent you bought was the culprit for shrinking off your favorite shirt?
Did you feel that the cause of your stomach pains was because of that new brand of canned soup you sampled?
It is highly possible that you had been a victim of a defective product. If this is true, then do not let time go by or let your aches and pains just disappear. Avoid having your injuries be qualified as ‘ordinary’ kind of injuries.
Do not just suffer in silence for the effects of the defective product may not be as simple or fleeting as you thought.
Some defective products, especially medicines that have devastating effects on a person’s well-being. Some defective products’ can be felt instantaneously without lasting effects while some may be felt gradually. What is very scary is the fact that defective products are dangerous enough to cause the death of a person.
You have every legal right to file for a defective product claim. Before launching charges, though, it is best to consult a personal injury lawyer with an expert and impressive reputation for handling defective product claims.
You and your lawyer must cover all the bases and find out who are the people you should file for strict liability or are legally responsible for the defective product. Learn more about the legal aspects of your claims and what result you would likely get.
For the successful outcome of your allegations, you must learn how to establish the four distinctive elements in the theory of strict liability:
1. The goods or product is substandard or defective and is unreasonably hazardous for its purposes – there is strict liability once the goods or product turns out to be ‘unreasonably dangerous’ or more hazardous and risky than what you, as consumer would consider.
Even if you did not utilize the product for the use its manufacturer conceptualized for it, the seller of such product may be liable for the injuries you sustained
2. The goods or product was already defective by the time it was taken out of the seller’s charge – you, as consumer must prove that when the product was taken from the seller’s charge, the product was already defective. If you prove this fact, then the seller is definitely liable for the injuries that the defective product caused you.
3. The consumer, being you has suffered some injury. It does not matter how severe – you must prove through official medical records that you sustained some form of injuries and that your intake or application of the defective product has caused it.
4. The defective product became the cause of injuries for you, as plaintiff – you must prove through official, medical records that the injuries you indicated were directly caused by your intake or application of the defective goods or product.
Remember that the defendant may always defend himself by saying that your sustained injuries was caused by your negligence in using the product correctly.
By: Lala C. Ballatan
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