How to Handle a Product Liability Claim

Every year, product malfunctions lead to injuries among numerous Americans, with data showing that there were 6,000 cases of injuries or illnesses and 23 fatalities. That year also saw the recall of over 219 products due to defects. Typically, individuals who experience harm or loss due to a faulty product proceed by filing a lawsuit for product liability.
On the surface, this process might seem straightforward. Yet, the criteria for filing product liability claims differ from state to state. Here’s an overview of the steps you need to take in handling a product liability claim.

Don’t Delay in Filing

Claims related to product liability are encompassed within the broader category of personal injury law. Every state sets its own deadline for submitting a personal injury claim, and this deadline typically begins on the date the injury took place. In certain situations, the court may decide to pause or “toll” the statute of limitations due to factors like not knowing immediately that an injury was caused by the product. Do not assume you’ll be granted an exemption from the filing deadline unless your civil defense attorney confirms that such an exception applies to your situation.

Check for More Liability Sources

Claimants in product liability cases are not limited to seeking damages from a single source. Your claim can target multiple defendants, assuming there’s sufficient evidence to support their liability.
Potential liable parties might include health care professionals in cases involving faulty medical products coupled with medical errors; distributors, such as retail stores, if they knew or should have known about the defect; and mechanics who install defective vehicle parts, provided they had reason to believe the part was defective.
Exploring every potential source of liability can lead to additional insurance coverage. Since insurance policies often cover the settlements of product liability claims, having an attorney to help identify all liable parties and accessible insurance resources is crucial for obtaining adequate compensation.

Never Underestimate Your Own Responsibility

Numerous situations aren’t as straightforward as identifying a single victim and a responsible party. Often, the injured individuals also share some responsibility for their injuries. While being partly liable for your injury doesn’t usually prevent you from initiating a legal action against other responsible parties, the insurance company of the party at fault will diligently attempt to demonstrate that you are solely to blame for your injury. Inform your lawyer about any actions you’ve taken that might suggest you share in the liability, enabling them to address and counter these assertions effectively.

Do not File a Product Liability Claim Alone

Navigating product liability claims can be daunting. Insurance companies representing the party at fault are equipped with experienced legal teams poised to refute your claims. Have an advocate who can provide a suite of beneficial services to enhance your claim’s success, including: 

• Insight into the legal avenues available to you
• Identification of all parties at fault
• Representation in court, encompassing the delivery of opening and closing arguments, evidence presentation, and witness questioning
• Support in obtaining your awarded compensation or settlement
• Proficient negotiation techniques to achieve a just settlement for you

Endnote

By adequately preparing and taking prompt action, claims professionals and defense attorneys can collaborate effectively to reduce the risks and liabilities associated with a product liability claim.