Product liability is one of the least understood concepts of personal injury litigation, primarily because most people don’t think they can take on multi-billion dollar companies.
However, it is possible to sue a manufacturer or distributor and win some damages if you can prove that you were hurt by a product you bought from them. For instance, you can file a product liability claim when a toy hurts your child, a drug causes unintended and dangerous side effects, or when a design defect in your car causes an accident.
Product liability claims are very sensitive, and your entire case could crumble off a single mistake on your side. Therefore, you must avoid doing certain things before and during your case to prevent such a situation. Below are four of them.
Do Not Throw Away Any Item Related to The Case
To prove your case in court, you will need to present the object(s) that caused you harm. If possible, preserve the original packaging as well, as this can serve as crucial evidence in a case where the manufacturer failed to indicate all the risks posed by the item in question.
If the case involves your car, fight off any temptation to sell it for scrap, no matter how much your insurer pushes you to. Doing so could make it impossible to prove your claim.
Do Not Forget The Statute of Limitations
States have different time limits for making product liability and personal injury claims. So, if you don’t file your claim within the stipulated period, it will automatically be invalidated, and you will forever lose your right to compensation.
Do Not Discuss the Case on Social Media
Do not share your bad experience with your social media friends if possible. This is because the company or organization you try to sue will most likely look up your social media. They may argue that your lawsuit is based on malice if they come across anything suspicious.
To be safe, keep a very low social media presence, and do not, in any case, engage in any online discussions about the defendant. Do not even allow your friends to post photos of you having fun outside; the other party can use them as evidence that your situation is not as severe as you claim.
Do Not Think You Can Litigate On Your Own
Product liability suits are some of the most complex forms of litigation, primarily because the defendants are usually big companies with seasoned lawyers on their sides. The nature of the evidence involved in these cases also necessitates the use of expert witnesses, ranging from doctors to engineers.
Filing a claim without a personal injury attorney to guide you will not only be mentally draining. It may also force you to settle for a much lower compensation when the case inevitably gets too complex.
