If you or one of your loved ones has been injured or sick by using or consuming a product that is for sale, complete our online form today, as you may be entitled to compensation.
From a legal perspective, it is called defective product ( defective product, in English) to any product that causes damage to a person due to a design problem, manufacturing or misleading label or incomplete information. These are very diverse products that are on sale in the market: as a medicine, a car, a prosthesis or a work tool, among others.
In this article we tell you what to do if we are injured by a defective product and how to prove that we were victims of a failed product.
Step 1: Seek medical help immediately
First, be sure to be assisted by an emergency service or visit the doctor as soon as possible. Some injuries may seem simple, but then they could get complicated in order to receive the appropriate treatment. Ask your doctor for a report of the damages caused by the use of the product because it can be used when presenting your claim.
Step 2: Keep the product failed
Also make sure to keep the product, instruction manuals or labels with incorrect information (if you have them). All this can be presented as evidence and evidence.
In the United States, each case is different and a series of unique factors will define what your options are before the law and what is the appropriate strategy for you to get the compensation you deserve. Therefore, it is essential that you consult with a lawyer who defends you.
Our lawyers have successfully handled various cases related to people who became sick or hurt by the negligence of some companies and manufacturers. If you or a loved one suffers from an illness or was injured after using or consuming a failed product, please complete this online form. You can consult us for free, and one of our representatives will review your case at no cost to find out if it is possible to help you take legal action.
What are the elements of a successful claim for failed products?
In a lawsuit for a failed product, plaintiffs are required to prove the following elements through negligence:
Step 3: The plaintiff was injured or suffered losses
The plaintiff must show actual damage or monetary loss as a result of the use of the defective product. Without real and demonstrable damages, it is likely that there is no case.
Step 4: The product is failed
The plaintiff must prove that the product had a design defect or manufacturing defect, or that the company did not warn and alert consumers about the risks of the product.
Step 5: The product defect was the real and immediate cause of the injury or illness
The injury suffered must have been caused by the defect itself. The defective product must also be the proximate cause of the injury. In this way, the defendant will not be responsible when an intervening act replaces the defective product as the proximate cause of the injury.
Step 6: The product was used or consumed as planned
The product was used or consumed in the way that the manufacturer could expect a reasonable person to use their product and for what it was designed or produced.