Manufacturers are required to make their machines and products safe, whether they are toys, like all-terrain vehicles, trampolines, and watercrafts; or drugs like “Phen-Phen”, and Oxycotin. When a manufacturer breaches its duty to make a safe product, they may be held legally accountable. Defective Consumer Products cases require substantial resources of a law firm in order to battle these sometimes large corporations. Imagination and perseverance are also required to engage in this type of litigation. Responsible product liability litigation helps regulate manufacturers and encourage them to build safer products.
Defective product cases quickly turn into a battle of experts. Retaining quality experts is expensive, but crucial in preparing a product liability case for trial. Having access to qualified experts can not be understated. Experienced attorneys in this field will advance the costs and expenses necessary to successfully litigate these cases. Oftentimes, the cost and expenses necessary to prepare a product liability case for trial can be significant.
In order to protect your legal rights you should consult an attorney who is experienced in handling serious product liability cases as soon as possible. Within the first week, important physical evidence such as the product can be lost or altered. Witnesses may forget important details. Documents critical to proving your case can be destroyed or altered. If you are injured because of a defective product, you should:
- Obtain names, addresses and telephone numbers of all witnesses
- Obtain all identifying information about the product
- Photograph the scene and your injuries
- Tell your physician and lawyer exactly what happened
- Consult a lawyer before answering questions from the product manufacturer or insurance company
- Do not give a tape recorded statement recorded or otherwise, without consulting a lawyer
- Record all medical and related expenses
- Obtain and keep receipts for all expenses relating to the incident.
Recoverable damages include:
hospital and medical expenses; lost earnings; permanent physical disability; damage or destruction of property; physical pain and suffering; loss of enjoyment of life.