If you purchase a product that causes you or your loved one serious injury as a result of defects, you have the option of filing an accident claim against the retailer who sold you the merchandise. That is because retailers have a legal duty of care to ensure the products they sell to their consumers are safe and free of risks when being used as intended. Continue reading to learn more about retailer liability and how to pursue a product liability claim after being seriously injured by defective merchandise.
Product Liability Lawsuits
After being seriously injured by a defective product, victims can file a general product liability claim against the retailer or manufacturer of the merchandise in order to gain financial recovery for their damages and losses that resulted from the accident. In order to do so, they would need the help of a licensed and experienced personal injury lawyer who specializes in that particular area of practice. They have the knowledge, experience, and resources to navigate your claim and take your case to trial if necessary.
As all personal injury lawsuits, the victim (or plaintiff) holds the burden of proving that the product was defective at the time of the sale, and that the defects caused them serious injury that resulted in economic losses. They must also show evidence of the economic losses, including hospital bills, medical expenses, lost wages, and more. This is just another reason why victims require the assistance of a personal injury lawyer.
In contrast to a general product liability claim, victims do not have to prove negligence or duty of care if it is a strict liability lawsuit. If the retailer knowingly sold a recalled or defective product that caused someone harm, the victim could sue for negligence as well. Even if a retailer sells a product without warning their consumers of safety issues or providing instructions for safe use, they can be held liable for any injuries the product may cause to them or their loved ones. Victims of defective products can also sue retailers for breach of warranty if the retailer fails to meet the warranty needs of the item.
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