Who’s To Blame For My Child’s Sickness?
There is an unspoken agreement that exists between the manufacturer of a product and the customer. That agreement dictates that the manufacturer of the product will do everything in their power to guarantee that the product they create is safe for their customer. In turn, the customer will purchase the product without worrying that the product will do them harm.
Unfortunately, because of negligence on the part of the manufacturer, human error, or because of an unforeseen negative side effect, many products that were thought to be safe have caused harm to customers. In some cases, these products have been recalled and have led to class-action lawsuits.
However, what recourse does an individual have if the product that they used caused them harm, but was not on a recall list? For example, a parent may use a baby wipe that was not on a recall list. However, as a result of using the baby wipe, their child got sick. Do they have any recourse?
Understanding A Defective Product Liability Claim
Before embarking on a defective product liability claim, it is essential for you to understand what the law requires in order for you to both prove that you have a case and for you to win your case. While the specifics of filing may vary from state to state, there are some general elements that are required universally in order to win your case.
Proper Steps To Take
First, you must be able to prove that as a result of a defective product, in this case the baby wipe, you or a family member suffered injury or suffered loss.
Second, you must be able to provide clear evidence that the product itself was defective.
Third, you have to be able to show that your injury came as a result of the defect in the product.
Fourth, you must be able to prove that you were injured using the defective product in the way that it was designed to be used and in harmony with the safety protocols laid out by the manufacturer.
Proving that the product was defective can be a challenge. You must prove that either because of manufacturing error, a design defect, or failure to provide a proper warning that the product was unreasonably dangerous.
If the above mentioned criteria are met, then it may be a good time to sit down and speak to a personal injury attorney. They can evaluate other factors in your case and show you the best way to proceed. Call 918-779-3658 or contact us online to discuss the specifics of your case.