The first thing that you and your products liability lawyer have to prove is that you were injured by the product. The injury is often physical, but it doesn't have to be. Many people filing products liability lawsuits claim more than one type of injury, including past and future:
- Physical injuries.
- Permanent disabilities or scarring.
- Wrongful death.
- Financial injuries -- money you spent as a result of the defective product.
- Temporary or permanent loss of an income.
- Emotional injuries, like pain and suffering.
- Loss of a loved one's care, love and companionship.
Then you must show that the product was defective in some way. A product is defective if it is unreasonably dangerous when used as intended. With design defects, you could show the court that there was an alternative design that would have made the product safer. With a warning defect, you might prove that there was a reasonably foreseeable risk of harm when using the product as intended (or for an off-label use that was reasonably foreseeable). Warnings must be clear and specific.
No matter what defect you and your products liability lawyer are trying to prove, you will probably have to show that you were using the product correctly and in an intended or foreseeable manner, you did not alter the product substantially before using it, and you followed any warnings provided. This helps prove that you did not cause your own injuries, a common defense used in products liability lawsuits.
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