If you or a loved one recently suffered injuries or other damages due to a defective product, you may have the right to secure compensation for your losses by filing a defective product claim. Consumers deserve safe, reliable products, and when manufacturers fail to meet safety standards, legal action can hold them accountable.
Act quickly—filing a defective product claim as soon as possible strengthens your chances of securing maximum compensation.
Want expert advice? Contact Schwaba Law Firm for a free consultation at 855-SCHWABA today!
Product Liability Cases Our Firm Has Successfully Handled
At Schwaba Law Firm, we have extensive experience handling complex product liability cases. We currently represent clients in high-profile cases involving:
- Allergan Naturelle Breast Implants linked to a rare form of lymphoma.
- Depo-Provera Contraceptive Injections, which have been associated with serious brain tumors.
If a dangerous product has harmed you, don’t wait—our legal team is ready to fight for your rights.
Key Elements of a Successful Product Liability Claim
Below are the elements you need to prove for your product liability claim to be successful:
1. The Defective Product Directly Caused Your Injury
To establish a product liability claim or lawsuit you must prove that the product is directly linked to your injury. If you did not suffer an injury or suffer damages, you will not have a viable claim. It is not enough to say that you were almost injured. Without actual injury or other damages, you have no claim.
Medical records, accident reports, and expert testimony can all help support your case.
2. The Product Was Defective
Different types of defects may result in a product liability case. Does your case fall within one of these categories?
- Design Defect: A product with design defects contains a flaw in the design that makes the product unsafe. The product may contain a feature that makes it unsafe, or the product may lack a feature to make it safe for use or consumption. A design defect results in an entire product line being harmful to the user.
- Manufacturing Defect: A manufacturing defect occurred during assembly or manufacturing, which made the product unsafe for its intended use. Manufacturing defects typically arise during a product’s production, diverging from the design that was intended by the manufacturer.
- Lack of Warning: Manufacturers must provide warnings that are sufficient to prevent you from using the product improperly or in a way that leads to injury. However, just because warnings are provided in the labeling or the instruction documents does not mean they are sufficient.
3. You Used the Product As Intended
If you used the product in a way that was not appropriate, you may not have a viable case. A product liability claim must be predicated on the fact that you used the product as it was originally intended to be used. This is because the manufacturer must be able to foresee that you could have been harmed by the product.
Manufacturers and other companies involved in the stream of commerce owe a duty to consumers to ensure that products are safe. If you were injured by a defective product, you may be entitled to compensation for the damages you suffered, including medical expenses, lost wages, and pain and suffering. However, product liability claims are often complex and require detailed proof of the defect to support your claim.
To learn whether you have a product liability case, it is important to speak to the product liability lawyers from Schwaba Law Firm in North Carolina and Wisconsin. Our team can thoroughly investigate your claim to determine if a product defect caused your injury. We provide a free, no-obligation consultation to discuss your rights.
How Can You File a Defective Product Lawsuit?
You may file a product liability claim against a manufacturer in one of three ways.
- Breach of Warranty: Manufacturers typically present either express or implied assurances to you regarding the adequacy of their product. Express warranties usually arise as a result of manuals, pamphlets, or other materials that are affixed to the product itself or provided to you in the form of marketing/advertising documents or sales pitches. An implied warranty is unwritten and can arise when a product manufacturer and seller imply to you that a product being sold is fit for a particular purpose. A breach of an express or implied warranty entitles you to pursue a claim for injuries and damages caused by that breach.
- Negligence: A claim of negligence arises when the manufacturer or someone else within the supply chain failed to act with reasonable care to ensure that the product was designed and produced with your safety in mind. An individual making a negligence claim must show that the manufacturer owed a duty to produce a safe product and acted in such a manner as to breach that duty and cause damages.
- Strict Liability: Strict liability makes a manufacturer liable for all injuries and damages caused by a defective product that is unreasonably hazardous to you or your property. All that is required to be shown in a strict liability claim is that the product was defective, that the defect existed when the product left the manufacturer’s facility, and that the defect caused injury and damages to you as a foreseeable user of the product.
Not sure which claim applies to your case? Our attorneys can help—get a FREE consultation today!
What to Expect When You File a Defective Product Lawsuit with Schwaba Law Firm?
When you work with Schwaba Law Firm on your product liability case, we will:
- Review your case details thoroughly during a free initial consultation
- Gather all necessary documentation and evidence to support your claim
- Work with expert witnesses to establish liability
- Handle all communication with insurance companies and opposing counsel
- Keep you informed throughout every stage of your case
Frequently Asked Questions – The Public Also Asked
Our clients often have questions about their cases. We’ve provided answers you may find useful here.
What Is the Statute of Limitations for Product Liability?
You must file your claim within a specific timeframe that varies by state. In North Carolina and Wisconsin, you typically have three years from the date you discovered or should have discovered the injury to file a lawsuit.
What Documentation Will I Need?
You will need medical records showing your injuries, proof of product purchase, any relevant photos or videos, incident reports, and documentation of lost wages or other financial losses.
What Are Some Common Challenges in Product Liability Cases?
Defective product lawsuits often face several hurdles:
- Expert testimony requirements: These cases typically require qualified experts to establish that the product was defective and the causation of the injuries.
- Complex technical issues: Manufacturing processes and design specifications require detailed analysis.
- Multiple responsible parties: Cases may involve manufacturers, distributors, and retailers.
Don’t Wait – Talk to a Defective Product Lawyer Today!
In many cases, a product liability lawsuit has to be filed before an impending expiration date, known as the Statute of Limitations. It is critical, therefore, to please call our product liability law firm right away to ensure you are not waiving your rights to possible compensation.
Product liability claims are quite tough and require proof that the product was defective and you sustained an injury during the ordinary course of using the product. To prove your claim, you will need the help of an experienced product liability lawyer at Schwaba Law Firm.
We will thoroughly examine your situation and inform you of your rights. For a free, no-obligation consultation call us at 855-SCHWABA or fill out our contact form.
