Individual product liability lawsuit

Product liability lawsuits are essential for holding manufacturers and sellers accountable when defective or dangerous products cause harm. These cases protect consumers, ensure higher standards of safety, and may secure compensation for those impacted.

Filing an individual product liability lawsuit, however, is a complex process requiring meticulous documentation, substantial evidence, and strategic legal maneuvering. We’ll detail the process below.

Understanding Product Liability

Product liability law is a branch of personal injury law dealing specifically with harm caused by defective products. Under this legal area, manufacturers, distributors, suppliers, and retailers can be held liable if their product fails to perform safely, leading to injury or death. Claims in product liability typically fall into three main categories:

• Design Defects: Issues inherent to the product design that make it dangerous.
• Manufacturing Defects: Flaws arising during the production process.
• Marketing Defects: Failures in labeling or providing adequate instructions or warnings.

For an individual pursuing a product liability claim, the type of defect involved dictates the legal strategy. Understanding the differences in each type of defect helps plaintiffs and their legal teams build stronger cases by focusing on the specific liability of the company or companies involved in creating, distributing, or selling the product.

Initial Steps After an Injury Caused by a Product

When an individual is injured by a product, taking immediate steps is essential for safeguarding their health and preserving evidence critical to the case. Here are several initial steps that can lay the groundwork for a successful claim:

Seek Immediate Medical Attention

Prompt medical care not only addresses urgent health concerns but also provides essential documentation of the injury. Medical records serve as evidence that links the injury to the defective product.

Preserve the Product and Its Packaging

Retain the product and all related materials, such as packaging, instruction manuals, and receipts. Keeping the product in its post-incident state is crucial, as it can serve as a primary piece of evidence demonstrating the defect.

Document the Incident and Injuries

A detailed account of the incident—along with photographs of injuries, damaged property, or the defective product—strengthens the case. Make a written record of events and include observations such as strange sounds, unexpected movements, or any specific ways the product malfunctioned.

Determining the Legal Basis for Your Claim

Before filing a lawsuit, the plaintiff’s legal team will evaluate the product, the incident, and relevant records to establish the basis of the claim. Generally speaking there are three primary grounds for product liability claims.

Strict Liability

Most states apply strict liability in product cases, meaning the manufacturer is liable for defective products regardless of fault. Under this principle, plaintiffs only need to demonstrate that the product was defective and that the defect caused their injuries.

Negligence

Here, the plaintiff must prove that the manufacturer or another responsible party failed to exercise reasonable care in designing, manufacturing, or marketing the product. While more challenging than strict liability, negligence claims can lead to significant damages when negligence is evident.

Breach of Warranty

If the product does not meet the terms of its express or implied warranties, the plaintiff may file for breach of warranty. This claim often applies when the product fails to meet the standards advertised by the company.

Collecting Evidence

Gathering solid evidence is foundational to any product liability lawsuit. The evidence helps to establish the presence of a defect, its role in causing harm, and its impact on the victim. Types of evidence that may strengthen your case include:

Product Specifications and Design Documents

Documentation regarding the product’s design or specifications can reveal whether a defect was overlooked or deemed acceptable during the development phase. These materials often surface during discovery, where your attorney may request them from the manufacturer.

Quality Control Records

Records demonstrating the manufacturer’s adherence to or deviations from quality control standards may indicate negligence or reckless disregard for safety.

Expert Testimonies

Expert witnesses, such as engineers, product safety specialists, or medical professionals, can analyze the product and give opinions on its safety, functionality, and the connection between the defect and the injury. Such testimonies are often crucial in establishing fault, especially in complex product cases.

Medical Records

Medical reports detail the nature and severity of the injury, reinforcing the link between the incident and the defective product. This information also assists in calculating compensation for medical costs, ongoing treatment, and other damages.

Filing the Lawsuit

After gathering evidence and assessing the strength of the case, the next step is to formally file the lawsuit. This stage involves several key components:

Drafting and Filing the Complaint

The initial complaint, which outlines the plaintiff’s allegations, must be filed in a court with appropriate jurisdiction. This document includes the facts of the case, the nature of the defect, and the types of damages sought. An experienced attorney ensures that all relevant details and legal standards are correctly addressed to prevent dismissal.

Serving the Defendants

The manufacturer, distributor, retailer, or any other responsible party must be formally notified of the lawsuit. This “service of process” initiates the defendant’s obligation to respond.

The Defendant’s Response

After being served, the defendant will respond to the complaint, typically by either admitting, denying, or providing alternative explanations for the allegations. In many cases, defendants file motions to dismiss, attempting to have the case thrown out on various grounds. A seasoned attorney can counter these motions to keep the lawsuit moving forward.

Navigating the Discovery Process

Discovery is a critical phase in any lawsuit where both sides exchange information relevant to the case. The discovery process in product liability cases can include:

• Document Requests. Requests for design files, internal memos, testing records, and other documents can reveal whether the manufacturer knew of the defect or its potential risks.
• Depositions. Depositions allow the legal team to interview parties involved, such as product designers, engineers, or company executives, to understand how the product was made and any safety considerations taken—or overlooked.
• Interrogatories. Written questions submitted to the opposing party may yield additional insights into how and why the product was manufactured in its defective state. Interrogatory responses, under oath, often help clarify specific points crucial to building the case.

The discovery process can uncover significant information that strengthens the claim. However, it requires diligence and experience, as defendants may employ tactics to delay or obscure critical documents or testimony.

Settlement Negotiations and Trial Preparation

Once discovery concludes, many product liability cases proceed to settlement negotiations. Settlement offers can provide fair compensation without the uncertainties and time investment of a trial. During this phase, the plaintiff’s legal team evaluates whether the proposed settlement amount meets the client’s needs and adequately addresses the harm suffered. If the defendant’s offer is insufficient or unjust, proceeding to trial may be the best course of action.

In trial preparation, both parties refine their arguments, gather expert witnesses, and plan opening and closing statements. Product liability trials often involve detailed presentations of technical information, so having a skilled attorney who can clearly present complex facts is crucial. Trials can be challenging, but they provide an opportunity for plaintiffs to seek maximum compensation when settlement offers are inadequate.

Calculating Damages in Product Liability Cases

The primary goal of a product liability lawsuit is to secure compensation for damages suffered due to a defective product. Damages generally fall into three categories:

• Economic Damages. These damages cover quantifiable losses, such as medical expenses, lost wages, and costs associated with any future medical care needed due to the injury.
• Non-Economic Damages. Non-economic damages address intangible losses, including pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. These damages recognize the profound impact that severe injuries can have on a person’s quality of life.
• Punitive Damages. Courts may award punitive damages if the defendant’s conduct is found to be egregious, reckless, or intentionally harmful. This type of compensation aims to punish the manufacturer and deter future misconduct.

The plaintiff’s attorney calculates a fair compensation amount based on these categories, considering both current and projected future needs. Defendants and insurers may attempt to minimize compensation, so a thorough assessment backed by evidence and expert input is vital.

The Importance of Experienced Legal Representation

Filing a product liability lawsuit is a demanding process requiring detailed knowledge of both state and federal regulations, product safety standards, and litigation techniques. From managing discovery to negotiating settlements, every stage benefits from seasoned legal representation. Nix Patterson’s experienced attorneys cover all litigation expenses, so clients don’t need to worry about out-of-pocket costs, including fees for expert witnesses.

Nix Patterson’s attorneys work to ensure clients receive the full compensation warranted by their injuries and losses, leveraging years of experience in complex product liability cases. We understand the intricacies involved and are committed to navigating them alongside our clients.

Moving Forward with a Product Liability Lawsuit

For those harmed by a defective product, filing an individual product liability lawsuit is a path toward accountability and recovery. Pursuing a claim requires rigorous evidence gathering, strategic negotiation, and, when necessary, effective trial advocacy. Working with an experienced law firm like Nix Patterson helps plaintiffs stay informed and supported at every stage, from initial consultation to final verdict.

If you or a loved one has been injured by a defective product, Nix Patterson can guide you through the legal process, advocating for your rights and fighting for just compensation. Contact us online today or give us a call at 512-328-5333 in New Mexico or Texas or 405-925-2187 in Oklahoma to discuss your case in a complimentary consultation. We’re here to help ensure that your voice is heard and that justice is served.