Employment Laws

Class Action For A Defective Product Injury

Though there is always regulation in manufacturing companies, defective products make their way out into the hands of consumers. When a consumer buys a product and believes it is defective, they should save the product and keep it intact as it can be used as evidence in any lawsuit.

If you use a product and it fails to deliver to your expectations, it can be said to cause an injury. Where a defective product has injured you as a group of consumers, you can file a lawsuit with the help of class action lawsuit lawyers who understands faulty product cases.

Injuries From Defective Products

It’s so devastating to buy a product that later injures you. That’s why one should seek compensation to hold the potential defendant liable for losses suffered. For instance, you may buy baby stuff that is easy to break, and this could be dangerous to your baby. If you notice that the product lacks some essential features, this could lead to a product liability claim. When a number of consumers have bought the same product, which later harms them, they can join together to file a class-action lawsuit.

How Do I Identify The Potential Defendant

If a defective product has injured you, you can identify a potential defendant with the help of an experienced lawyer. This is the first step to obtaining damages. Your lawyer can:

  • Scrutinize the chain of distribution. This is the path taken by a product from manufacturing to distribution, including manufacturers, retailers, and distributors.
  • Check whether the product was defective. You have to show that the product was defective by showing the manufacturing or design defects. Besides, you also provide evidence that the product lacked a warning.
  • Evidence of the injuries suffered. To be compensated for damages suffered, you must show how the defective product injured you. You can show medical reports to show you received medical treatment. Also, you can hire a medical expert to link your injuries with the defective product.

If you have a valid case, your employer can help show how the parties in the chain of distribution may have joint liability. Note that even if the product you were using was bought by someone else, you might still have a valid case. You don’t have to be the buyer or the product user to qualify to file a product liability case. You can either choose to file your won case or join up a class action.

Filing Your Class Action Lawsuit

To file a class-action lawsuit, it must be proven that:

  • Consumers have been affected by a particular product and have the same problem
  • The class representative must have similar problems

Note that a class action notice is only sent to anyone suffering from the same product injury; this is the only way a class action lawsuit can proceed successfully. Once aware of the product liability, each member is notified of the legal action underway. Class action procedures require the help of experienced class-action lawyers. Once there is a settlement, each member receives a portion of the damages.