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The Difference Between A Product Liability Case and Medical Malpractice

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Consumer products don’t always work the way we want to. Sometimes they don’t work as advertised or prove to be defective in other ways. For the most part, defective products serve as nothing more than a minor annoyance, but sometimes defective products can be downright dangerous — and even deadly. If you were injured or suffered losses due to a defective product, you may be entitled to compensation.

The medical expenses you might face due to injury can be substantial, and you shouldn’t have to pay them out of pocket. Companies have lawyers prepared to defend against any claims of liability, so hiring a product liability attorney before proceeding with a suit is in your best interest. Learn the requirements for a solid product liability case, and how a good product liability attorney can help you win the compensation you deserve.

Proving Liability

The main thing you’ll have to do in your suit is to prove that your injury or loss was directly caused by a defective product. This may sound easy, but the nuances involved can get a little complicated. There has to be a demonstrable causal link between the defunct and your injury or loss. For example, if a pair of oven mitts are defective and you suffer burns, you’d have to prove that the oven mitts directly lead to the burns and not some other cause. If you don’t know where to start with that, don’t worry. Qualified product liability attorneys know exactly what you’ll need as evidence.

If the event that caused your injury or loss is repeatable, that goes a long way for your case. With the oven mitt example, one could simply test the oven mitts in front of the court. Once it is shown that they are defective and don’t repel heat, your case is essentially made. More rare incidents like an exploding battery in an electronic device might be a bit harder to prove.

Reasonable Use

One of the major defenses companies often use against these claims is to blame the individual not at fault. They could potentially accuse you of misusing their product, which resulted in your injury or loss. Unfortunately, at times, they can be right. You need to make sure you followed all the instructions listed for the product.

The line between proper use and misuse can get blurry at times, however. The general rule is that you’re covered as long as you used the product in a way any consumer could be reasonably expected to use it. For example, using kitchen scissors to cut paper would be fine, so if the blade breaks and cuts you, you’d still have a case. Only when you misuse an item to a most obvious extent does your case get weaker. For advice on your particular case, hiring a qualified product liability attorney is essential.

Medical Products

If you’re injured by a medical product in a hospital, you could be entitled to additional benefits. There’s no law saying you can’t file a suit claiming both product liability and medical malpractice, so you should take every advantage you can get. The same rules apply for medical equipment as all other products. You still have to prove that a defect directly caused your injury or loss.

If multiple people have been affected by the same defective medical product, you may be able to join or file a class action lawsuit. A class action suit is when multiple people join together to make a claim against another entity. Your testimony will be one of many, so you won’t have to handle the stress of being the sole claim holder. Upfront costs are also reduced for you and could even be nonexistent if those involved in the suit before you have already paid.

However, you should remember that everyone’s injuries need to be similar in order to win a successful class action suit. If your injuries are comparatively unique, you should consider filing a personal suit instead. Ask a product liability attorney for advice on how to proceed for your specific case.

Finding a Product Liability Attorney in Odessa

If you’ve been injured by a faulty product, you may be entitled to compensation. A skilled product liability attorney can help you receive your due compensation. Braker White has been helping injured individuals in Odessa for over 30 years with their product liability needs. Call (432) 279-1420 for your free consultation today!