In the complex realm of product liability law, it's not uncommon to feel like David battling Goliath. You've been wronged by a defective product, and now you're up against powerful corporations with vast resources at their disposal.
But don't be disheartened. This uphill battle is not insurmountable, and a strong legal ally can make all the difference. This blog post highlights three common challenges in a product liability lawsuit and sheds light on how an experienced, savvy lawyer can turn the tide in your favor.
Proving That the Product Was Defective
Proving that a product is defective can be a huge challenge in product liability lawsuits. You need to show that the product was unreasonably dangerous and that the dangerous condition existed at the time of manufacture. Proving such things can be complicated, especially if the product has gone through several alterations with time.
Furthermore, the definition of a 'defect' can vary, adding another layer of complexity. A product could be 'defectively designed,' 'defectively manufactured,' or lack sufficient instructions or warnings. Each type carries different legal implications and requires different approaches to prove.
You might need to call upon experts to corroborate your claims. Their opinions can be subject to scrutiny and dispute, which adds to the challenges of proving the product was indeed defective. Without a strong legal ally, your case may become mired in paperwork and technicalities, reducing its chances of success.
A good lawyer with expertise in product liability cases can help you navigate the complexities and gather as much evidence as possible, to prove the product was indeed defective. They can also use their professional networks to seek outside experts who can testify in your favor and help bolster your case.
Establishing Damages
With product liability lawsuits, you need actual proof that the product caused you some form of damage. This could include physical injury, medical bills, lost wages, loss of quality of life, and so on. Establishing such damages is tricky because you need to show that the defect in the product or its manufacturer was actually responsible for your injuries.
This can be challenging if other factors are involved. For instance, you may have used the product incorrectly when it caused the injury. Or maybe you modified the product, which caused it to malfunction. In most cases, proving that you had no role to play in the injury is difficult since the burden of proof lies with you.
Your lawyer can help you establish damages and advise you on what evidence to gather, how to present it before the court, and how to prove that your own negligence wasn't a factor in the injury. These nuances can make or break your case, so go over your case carefully to fully understand the implications.
Facing a Large Corporation or Manufacturer
Defendants in most product liability lawsuits are usually large companies or corporations with deep pockets and an army of legal professionals at their disposal. These defendants have the means to hire massive legal teams, which can make your case a protracted, uphill battle. It's easy to feel intimidated and outmatched in such a situation if you don't have a legal representative on your side.
But you shouldn't have to feel helpless against a formidable opponent. A good lawyer will be able to cut through the bureaucracy and maneuver around seemingly insurmountable obstacles. They'll know how to use levers such as settlement negotiations that can quickly resolve the matter in your favor. This puts you on equal footing with the other party and ensures you have a chance at justice.
While these challenges aren't all-inclusive, they provide a glimpse into the complexities of product liability lawsuits. But you don't have to face them alone. Talk to us at
Maloney Pat Law Offices to learn how our experienced team can help you fight for justice and a fair resolution.
