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Proof of a defective product needed for product liability cases

Consumers who purchase products assume that the products are safe when they are used in the intended manner. Many companies ensure that the products they sell are safe, but there are other instances in which the product isn't safe even when it is used according to the instructions. When an injury occurs while a product is being used in accordance with the intended use and while the person is following the directions, the injured victim might opt to seek compensation for their injuries. This is also the case if the product is defective.

Anyone who is exploring the possibility of a product liability lawsuit should understand the concept of strict product liability. This concept allows anyone who is injured by a product that is defective to seek compensation for their injury.

While proof of negligence is necessary in many personal injury cases, that proof isn't needed in strict product liability cases. The only thing that the injured victim has to prove is that the product was defective.

If you are injured by a defective product, you should preserve as much evidence as possible. The name of the manufacturer, the product name, the serial number, the model number, packaging, instructions, and receipts are some items you might consider keeping. If you can, take pictures of the scene of the injury. Additionally, keep the item that was defective. Make notes about exactly what happened and keep track of medical care information related to the accident.

Being injured by a defective product is a horrible experience. You might feel like your trust in a manufacturer was violated. Seeking compensation for your injuries is one way that you can hold the manufacturer accountable for your injuries.

Source: American Bar Association, "Product Liability," accessed Aug. 24, 2015

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