Individuals who purchase products expect that they will be able to use them safely. There are some products on the market that have serious risks, even when they’re used properly. When one of these products causes an issue, there are specific criteria that must be met if you’re going to file a claim for compensation.
In order to launch a lawsuit if you’re harmed by a product that’s unavoidably unsafe, you’ll have to look closely at what happened to cause the injury. Typically, you must be using it in the intended manner and following the instructions provided with it.
The injury must be due to one of three issues:
- There is a manufacturing defect that causes the product to become unsafe.
- There aren’t adequate warnings or instructions with the product.
- The product wasn’t designed in the safest manner possible because foreseeable risks weren’t reduced with a suitable alternative design.
The key to determining whether an alternative design would have been suitable is that it mustn’t impede upon the intended use of the product. The cost of the alternative design is weighed against the benefits and the risks that are being avoided.
An example of an unavoidably unsafe product is a table saw. If it’s used with the guards in place, you should be safe. But, if there’s an issue with the guard attachment that was caused during the manufacturing process, you could reasonably seek compensation for the damages you’re facing due to the injury you suffer.
Working closely with your attorney can help you to determine how you should handle your case and what kind of compensation for your losses is fair.