When an injury occurs on the job, the result can have a great deal of financial, physical, and emotional significance. Victims may be left unable to work and struggling to pay their bills. In addition, they may suffer emotional harm due to their inability to return to their job and support their family. The good news for victims is that they may have a potential claim for compensation against various outside parties. One example is if the injury was caused by the use of a defective product while on the job. In these cases, the manufacturer may be liable for your injuries and losses.
4 Steps to Prove a Defective Product Liability Claim After a Workplace Injury
If you were injured while on the job, it is crucial to seek legal guidance from a knowledgeable professional. Proving a product liability claim after an accident at the workplace is not easy without the proper guidance. Generally, to successfully pursue such a claim, you must be able to show the following:
You Suffered an Injury or Loss While at Work or While Performing Job-Related Tasks
The first and perhaps most important aspect of pursuing a third-party claim after a workplace injury is that an actual injury or monetary loss must have occurred. You cannot successfully pursue a claim as a result of an “almost” or “potential” injury or loss. For example, if the equipment you are using on the job site is defective and leads to an explosion, this alone is not enough to allow you to pursue a products liability claim unless the explosion caused you to suffer an injury or loss.
As Part of Your Job, You Used a Defective Product to Help Carry Out Your Duties
Proving that the product was actually defective is a crucial aspect of pursuing a product liability claim as a result of a workplace injury. The way in which you prove that a product is defective depends on the type of claim that you are pursuing. For example, you may claim that there was a manufacturing error, a design defect, or that the maker of the product failed to provide proper warnings of the potential danger. It is important to consult with an experienced attorney after your workplace injury to help determine the type of claim to pursue and how to prove that the product that caused your injury or loss was defective.
As a Result of the Defect in the Product, You Suffered the Injury or Loss
Again, even if you suffered an injury or loss and even if such injury or loss was associated with a certain defective product, you must show that the defect in the product is what caused your injury or loss. Whether or not this is difficult to prove depends on the unique facts and circumstances surrounding your workplace injury.
At the Time of Your Injury, You Were Using the Product as Intended
Yet another critical aspect of a product liability claim after a workplace injury is to show that you were using the product the way in which it was intended at the time of your injury or loss. This means that you must have been using the product consistent with the way in which the manufacturer intended consumers to use it. The test that is applied is generally whether an ordinary person would use the product in the way in which you were using it at the time of the injury. It is important to note, however, that there is some leeway with regard to this element of pursuing your claim. While you must have been using the product in a way that was reasonably intended, you do not have to use it exactly and precisely in accordance with the manufacturer’s specifications. Instead, you must have been using the product in a manner in which the manufacturer could reasonably have expected that an ordinary consumer would have used it.
Even if the facts and circumstances surrounding your accident are consistent with all of the above statements, it is critical to remember that you must pursue your claim within certain time limitations. For this reason, we encourage you to reach out today for a free consultation at 855-947-0707.