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November 25, 2020

Determining Eligibility in a Product Liability Claim

We use many different types of products daily, but what happens when something goes wrong? You may have been seriously injured by a defective product, and now, you’re not sure where to turn. 

Determining eligibility in a product liability claim can be tough. Luckily, you don’t have to figure it out alone. The lawyers at Kohan & Bablove LLP are here to help you seek compensation when you’re hurt by a dangerous product. 

Injuries Suffered Because of a Defective Product

One of the first questions you may have about eligibility is whether your injuries are bad enough for a claim. You may be worried that a broken bone or a mild concussion isn’t enough to file a product liability lawsuit, for example. 

If you suffered any economic losses because of a defective product, you may be eligible for compensation. If you were injured, suffered property damage, or were unable to work because of your injuries, your lawyer can help you seek compensation. 

When Is a Product Defective? 

You may have been injured, but that doesn’t always mean the product was unnecessarily dangerous. Some products, like knives, can be dangerous even when used correctly. Because of this, you and your product liability lawyer will need to determine whether the product was dangerous even when used properly. 

Let’s say your medication is defective. You may have taken it correctly, but now it’s made you sick. In this case, you did all you could do to avoid the injury, but you still suffered. In that case, the product that caused your injuries would have injured you regardless of how careful you were. 

Identifying the At-Fault Party

If you have grounds for a product liability claim, your next step is to determine who’s liable for those injuries. Typically, this depends on how you were injured by the product. 

For example, the product may have a dangerous fault in its design or production. In these cases, the manufacturer may be the at-fault party. In other claims, your injuries may be the fault of the retailers, who marketed the product for a use it wasn’t approved for. Talk to your lawyer about determining the reason you were injured so you can identify the at-fault party. 

Talk to Your Product Liability Lawyer About Fault 

When you’re hurt by a defective product, you may simply want to get your compensation and move on. But that’s tough when you’re having trouble determining eligibility in a product liability claim. 

If you’re struggling to decide whether you have a claim, talk to the lawyers at Kohan & Bablove LLP. We can get started as soon as possible with a free consultation. Call 1-844-404-2400 or fill out the online contact form below to learn more.