Anyone involved in producing a product for sale is responsible for ensuring it is safe for its intended use. However, every day people suffer injuries and even death because a flawed product malfunctioned.
If you suffered injuries in an accident, it is wise to speak with a Kootenai County defective products lawyer as soon as possible, even if you are not sure what caused the mishap. A seasoned attorney could review your case and determine whether you have a claim for compensation under product liability law. If so, you could receive reimbursement of out-of-pocket expenses and be compensated for your pain and suffering.
Almost any product could cause injuries under certain circumstances. Sometimes consumers suffer accidental injuries and do not recognize that they could have a product liability claim.
Although the following list is not comprehensive, any of these events or conditions could result in a defective product claim against a manufacturer:
It is always wise to have a Kootenai County lawyer look into a situation to determine whether there is evidence supporting a product liability claim. If so, the legal representative could open negotiations with all potentially liable parties, increasing the likelihood that the injured person will receive a settlement that provides adequate compensation for their losses.
When an individual suffers an injury due to a defective product and seeks compensation, they do not need to prove that anyone was unreasonably careless. However, they must prove that the product was defective in one of three ways.
Proving a design defect requires an injured person to show that all examples of the product are unreasonably dangerous and that an economically feasible alternative design could have prevented the injury.
When a product is generally safe, but a particular example or production run had a flaw that rendered it dangerous, an injured person could assert the product had a manufacturing defect. The injured person must identify the mistake in production and show how it rendered the product unreasonably dangerous.
If the product instructions did not communicate how to use the product safely and the failure caused a consumer an injury, the product’s label is defective. A label could also be defective if it did not provide reasonable warnings about foreseeable hazards associated with using the product.
If a Kootenai County attorney presents evidence establishing a product defect, strict liability applies to the manufacturer and others who were involved in putting the product into the stream of commerce. The responsible parties must pay damages even if they were unaware of the product defect and did not behave negligently.
Like all states, Idaho sets a time limit for people to bring civil lawsuits seeking damages against another party for personal injuries. These laws are called statutes of limitation. Idaho Code §5-219(4) allows an injured person two years from the date of their injury to file a lawsuit. However, in product liability cases, a lawsuit will be time-barred if the product left the manufacturer more than ten years before the consumer filed suit.
If an injured person attempts to bring a claim to court after the time limit passes, the defendant will likely raise the statute of limitations as a defense. The judge will dismiss the case without hearing its merits, and the injured person will not have an opportunity to refile. The law offers limited exceptions, so it is always worthwhile to consult an experienced Kootenai County attorney about whether bringing a product liability lawsuit is possible.
You should not have to bear the financial and emotional burden of a serious injury resulting from a defective product. Although it might be intimidating to consider asserting a claim against a large corporation, an experienced Kootenai County defective products lawyer could fight for you every step of the way.
The sooner you bring your claim, the sooner you are likely to receive a settlement. Schedule a case review with our diligent local attorneys today.
Owens, McCrea & Linscott, PLLC