If a product in the United States injures a consumer, the manufacturer may be required to pay damages to the injured party. In Oklahoma, product liability laws authorize an injured person to file a personal injury claim against the liable party. Almost any person or entity in the supply chain could be liable for injuries caused by the defective product, including the manufacturer, product designer, wholesaler, or retail store owner.
However, winning a product liability claim and receiving compensation is easier said than done. The defendant’s insurance company will likely vigorously dispute the claim to avoid a large payout. This is where the Tulsa product liability lawyers at Nix Patterson can immensely help you. Our personal injury attorneys know what it takes to obtain the most compensation in a product liability claim. If a defective product hurts you, our Tulsa product liability attorneys are ready to fight for the most income for your losses. Speak to one of our attorneys today to learn your legal options.
Product liability is the legal liability that a product manufacturer or seller has when a defective product injures a consumer. Products for sale in the United States must meet rigorous standards of quality to ensure they don’t injure unsuspecting consumers. If a product has a defect or was improperly designed, the manufacturer, retailer, designer, and other entities could be liable for your damages. Oklahoma product liability laws hold manufacturers, designers, retailers, and potentially others responsible if a defective product injures someone. There are three kinds of product liability claims in Oklahoma:
However, if a defective product injures you or a loved one, you have the burden of proof. To receive compensation, you must prove that a person or entity was negligent and it led to your injuries. You also have to show that the product defect directly caused your damages. A few examples of defective products that could trigger a claim include:
Product liability cases are tricky to prove, and you can count on the manufacturer or other liable party to put up a fight. But you can count on a Nix Patterson product liability lawyer to take the fight to the defendant and obtain the best compensation possible.
If a product injures you or a loved one, you might assume it’s your fault. After all, most products sold in the United States are tested and checked for safety before being sold. However, almost any product can be defective and injure a consumer through no fault of their own. Don’t automatically assume that the product injury was your fault. Product injuries can occur anytime with a wide variety of items.
The most common product liability claims involve the following product types. If one of these defective products injured you, a Tulsa product liability attorney should talk to you today:
A product liability lawsuit in Oklahoma may be based on negligence, strict liability, or a breach of warranty. If the product is defective because of how it was made or designed, the seller, manufacturer, or distributor may be strictly liable for your injuries. In a strict liability case, you would only have to prove that the product had a defect, making it unreasonably dangerous, which caused your injuries.
The following elements need to be proven for the defendant to be liable for your injuries:
You generally have to have used the product as the manufacturer intended. For instance, if you use a grill in the garage to cook hamburgers and it catches the ceiling on fire, there isn’t a product liability claim. You used the product in a way that the manufacturer didn’t intend. However, if you used the grill outside as the manufacturer intended and hot grease poured out of the bottom and burned your foot, you could have a claim.
You also have to prove that the product had a defect. The needed proof depends on the type of claim – manufacturing defect, design defect, or failure to warn:
If a possibly defective product in Tulsa hurts you, there are several things you will need to do:
The priority is your health and well-being. Go to your doctor or ER right away for treatment. This will ensure the injury doesn’t get worse. Also, being seen by a doctor immediately is essential for later assembling a product liability claim. Your claim hinges on proving that a product defect caused your injuries, so your medical records will be vital evidence.
Next, you should contact a product liability attorney to determine if you have a case. They will review the accident evidence and your medical records to decide if there is sufficient evidence to take legal action.
In a product liability claim, you could receive compensation if you were harmed because of a defective product. This compensation is also known as damages and is intended to pay you back for harm caused by the product.
You could receive damages for medical expenses, lost earnings, pain and suffering, and mental anguish. You also could be compensated for repairing or replacing the defective product.
Medical bills and lost earnings from your injuries are relatively easy to calculate. However, pain and suffering are subjective, and your product liability attorney will make a persuasive argument based on your injuries and treatment plan for the most money. The defendant may argue your pain and suffering were less severe. Each side may need to give ground on pain and suffering compensation during the settlement negotiations. If the insurance company doesn’t offer a fair settlement, your Nix Patterson attorney will take the case to a jury and argue for the most compensation possible.
After your injury, you’re probably wondering if you have a legitimate legal claim. Only a licensed attorney can tell for certain. But if the following statements are true, you could have a claim:
It isn’t enough to show a product has a manufacturing or design flaw. The defective product must have injured you for there to be a product liability claim. For example, if your child’s toy has parts that break off and are a choking hazard, there isn’t a product liability case if the child wasn’t hurt.
Oklahoma has a comparative negligence law. This means you could be held partially responsible if you misused the product. Your compensation could be reduced if you were partially at fault for your injuries. If you were more than 50% at fault, you are barred from receiving compensation in a lawsuit.
You have only two years from the date of injury in Oklahoma to file a product liability lawsuit.
You also may be able to file a claim if a product injured you but you weren’t using it. For example, if someone in a park is flying a toy airplane that malfunctions and hits you as you are walking by, you could have a case.
Did a defective product hurt you or a loved one? You could receive compensation for your injuries and other losses if you weren’t at fault. Our Tulsa product liability attorneys understand the stress, fear, and pain that defective product injuries can trigger. We’re ready to handle every step of your personal injury claim now. Contact our Tulsa product liability attorneys today to learn your legal options.
Nix Patterson only works on a contingency fee basis. Our clients pay us nothing unless we win. Schedule a free consultation today. Call 512.328.5333 or complete the form below.
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