Determining Fault for Product-Related Issues
Product liability cases tend to involve a fair amount of “he said, she said.” It is up to the parties involved to give honest accounts of what happened, and it is up to their attorneys to present their cases effectively. As the attorney attempts to get to the root of the issue, they will need to know how and when the injury occurred. Then, based on the accounts given, they will work to determine fault, negotiate with the opposing side, and arrive at a fair resolution.
If you’re unsure who is at fault in regard to your product-related issue, consider the general rules of thumb outlined below:
The product designer, manufacturer, or seller may be at fault when:
- There is a flaw in the product’s overall design
- A specific product or group of products is poorly manufactured
- Appropriate warnings are not put in place for the product
The consumer may be at fault when:
- They alter the product before using it
- They use the product in a way the manufacturer warns against
- They behave negligently or with little regard to their own safety
Of course, product liability cases are rarely black and white. That’s why it’s crucial to go into negotiations thoroughly prepared. By hiring an experienced product liability attorney, you can be more knowledgeable about the claims process and increase your chances of resolving your issue amicably.