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If you are injured by a product because it is unsafe, or because the manufacturer failed to adequately warn you of the dangers and risks associated with their product, the manufacture can be held liable for damages. You can seek monetary damages to cover lost wages, medical expenses, and pain and suffering. If an unsafe or defective product kills someone, their survivors (a spouse or child) may file a wrongful death suit against the manufacturer.
Product Liability suits are based on negligence, so in a successful suit, the traditional proofs of negligence are required. A successful suit will prove that the manufacturer owed you a certain duty of care. Any number of products (cars, baby cribs, food, toys, etc.) can have a lasting impact on your life, so the manufacturers have a legal duty to the buyer to make their products safe for use or consumption. You must prove that you are injured, and that your injury in a result of an incident with the defective product as opposed to a preexisting condition, or unrelated injury.
If you are injured in some way, and believe you may have a product liability claim, it is important to preserve evidence by documenting your accident and injuries. It is a good idea to get the name, telephone number, address, and insurance provider of the responsible party. It is often helpful to take photographs of the scene of the incident, your injuries, and yourself throughout the recovery period. Finally, avoid signing documents presented to you by an insurance adjuster, and refrain from giving the adjuster any oral or written statements about the incident. Insurance adjusters actively work to minimize their client's payouts, so it is in your best interests to avoid discussion and negotiations until you have selected and consulted with a personal injury lawyer.
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