When a defective or dangerous product inflicts severe injuries or illnesses, anyone harmed may be able to file a product liability claim against the manufacturer and others involved with the creation and distribution of the product. Product liability claims differ slightly from other injury accidents since various parties may be held accountable for the defective product. With a defective product liability claim, you will need to provide significant evidence clearly detailing the negligence of each individual or party involved.
Handling a product liability claim without legal representation will put your rights and compensation at risk. In order for you to get the best possible representation, speak with Marsalisi Law about your situation and how to navigate your next steps. Frank P. Marsalisi has years of experience protecting individuals throughout St. Petersburg and will do everything he can to provide you with a successful outcome.
What Types of Injuries Are Common in Product Liability Claims?
The severity of your product liability injuries depends on multiple factors, including the type of product, type of defect, length of use, and area of injury. If an individual uses a faulty product for over a year before signs of illness surface, the injuries and treatment may be extensive.
While there are many types of injuries a person may suffer from in a product liability claim, the following are a few common:
- Traumatic brain injuries (TBI)
- Burn injuries
- Back injuries
- Spinal cord injuries
- Cuts and scrapes
- Loss of limb
- Internal injuries
- Disfigurement and scars
Once you suspect a product is inflicting injury or illness, speak with your doctor as soon as possible. The faster you can receive treatment for your injuries, the more time a physician has to limit the injury’s severity.
What Are the Three Categories of a Product Liability Claim?
When navigating a product liability claim, the product may fall under three categories. In order for you to gather evidence and information for your claim, you will need to identify where your case belongs.
The following are the three product liability sections:
The claim will fall under defectively manufactured when a product is incorrectly assembled or created with a mistake. There may be a miscalculation during production, or a piece of the product had a mechanical failure. Either way, whenever a mistake is made during the assembly or creation of a product, it will fall under this category.
Most equipment, products, and medication have some design or calculation involved in the layout before the item is created. The injury claim will fall under defectively designed if a mistake is made during the design. In these situations, there is not just a single defective product but an entire line of dangerous items. These types of cases often involve multiple people, and may result in a significant amount of compensation to those injured.
Inadequate Warnings or Instructions
The final category includes products that fail to warn or provide adequate instructions to those reading and using the item. When vital information is left out or challenging to comprehend, an individual may suffer injuries due to the lack of warnings. For instance, if an item has a highly flammable substance and fails to inform users of the danger, the product may cause a severe fire.
If you are unsure where your product liability claim falls under, speak with a lawyer as soon as possible. They have the knowledge and resources to investigate and determine the category of your product liability claim.
4 Elements You Must Prove in a Product Liability Claim
When preparing for your claim, you will need to provide significant evidence proving that the negligence of another person involved in creating a product is the cause of your injury. The following are four elements that you must prove to successfully have a product liability claim:
- The product is defective
- You suffered an injury or loss
- The defect caused your injury and loss
- You used the product how it was intended
For product liability cases, gathering all the evidence you need on your own may be challenging. Talk with your attorney as soon as possible, so they can work to collect all the necessary information and documentation for your claim.
Can A St. Petersburg Product Liability Lawyer Help Your Claim?
A significant amount of work goes into filing a product liability claim. You will need to prove your injury resulted from negligence and carelessness with a certain product. The medical and legal steps may be challenging to navigate on your own. A product liability attorney will offer you their connections and resources, as well as the following:
- Answer case-related questions
- Conduct a thorough investigation
- Review legal documents for issues
- Communicate with insurance companies
- Hiring expert witnesses
- Establish fault and negligence
- Negotiate settlement offers
- Take the case to trial
Product liability lawyers have years of schooling and experience handling various types of claims. They will understand legal strategies and problems that will cost you significant compensation if not appropriately handled. Speak with your attorney as soon as possible to start working on your claim.
Contact Marsalisi Law Today If You Need an Experienced Product Liability Attorney
When you suffer significant physical, emotional, and financial losses because of someone else’s recklessness, you have the right to contact our team at Marsalisi Law for dependable legal representation. Fluent in English and Spanish, Frank P. Marsalisi has years of experience protecting St. Petersburg residents and will continue to advocate for their rights in all types of situations. You can trust our team to provide you with the best possible legal services.
Call (727) 800-5052 or fill out our contact form to schedule a free consultation today.
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“You can’t go wrong with Frank Marsalisi!”
Frank was referred to me by a former client of his after my accident with nothing but great reviews, both professionally and personally. From day one there was a level of comfortability and trust built based on what would be in my best interest moving forward. Never once did Frank make my case about what was in it for him but about healing my injuries in order to move on as normal as possible with my life.
“One of a kind lawyer …brilliance!”
Frank has exceptional auto accident liability law abilities and he is also very well-versed in state auto insurance laws. One of the things I like about Frank is that he never tried to sugar coat anything for me. If we were headed for trouble, he would let me know what the trouble was and what our options were. I always appreciated his honesty. This is trait that I do not find in many of today’s lawyers but Frank has performed integrity well beyond his means.
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