How to File a Product Liability Claim: Everything You Need to Know

More than 30% of businesses are sued each year, so it’s not unusual for a product liability case to arise. Companies are always making mistakes, and it’s your right to seek justice when their actions cause you to get hurt. If a defective product has injured you, here’s how to file a product liability claim to show businesses they can’t get away with putting people’s lives in danger.

What Is Product Liability?

Product liability is a civil claim that allows consumers to recover money from manufacturers, distributors, and sellers of defective products. You can bring product liability claims against any party in the chain of distribution. These claims include strict liability suits (where you don’t have to prove negligence) and breach-of-warranty claims (where you do).

Claim Filing Process

First, you must gather evidence. Take pictures of your damaged property and keep all receipts for any repairs you had to make. If you were injured, get medical attention and keep a copy of the bill as proof.

Take this evidence to a product liability lawyer who specializes in injuries. The attorney will review your case and let you know if it’s strong enough to pursue.

The lawyer will handle the product liability claim documents for you and file them with the proper court. You’ll have to cover the filing fees, which vary by state.

Product Liability Claim Filing Deadline

You must file within two to three years of the injury. The statute of limitations for filing these claims varies by state.

Who Can File

Whomever a defective product hurts can file a claim. If someone dies because of the product, that person’s family members can file.

What to Include in Your Claim

Different states have different laws about what you need to include. Generally, you’ll need to give details about the injury and how it happened. You should also state any other relevant information, such as:

• Names of other people who were injured in the same incident
• Names of doctors who treated you
• The model number and serial number
• Proof of lost wages due to injuries

To establish that a death was caused by a product, you need a death certificate. If you can’t get one from your state, ask the coroner or medical examiner if they’ll provide one.

What Happens Next?

When you file your claim, the company is notified. The company or its insurance provider will send an investigator to determine who was at fault for the injury.

They’ll also find out if there have been other incidents with the same product to decide if a recall is necessary. Your claim may save thousands of others from getting hurt.

File a Product Liability Claim With Ease

Now that you understand how to file a product liability claim, contact an attorney. Chat with them and see if your case is worth pursuing.

Product liability claims can be difficult to prove, but with the right help, you can win your case. To find the attorney who’ll get you justice, explore our blog for advice.