Determining If You Have A Product Injury Case
Posted On behalf of Pfeifer Morgan & Stesiak on Oct 28, 2011 in Advice
Often, accidents are by their nature complicated things. Almost by their very nature, a number of things have to go wrong for an accident to happen. Determining who and what is at fault for your injuries is something that is often difficult to determine, and should be done with the consultation of a professional personal injury lawyer who practices in your state (we practice in Indiana).
However, here are a few questions to ask yourself as you think through the accident:
1. Would the accident have occurred if not for the product being there? Usually, this has to be fairly clear. If the product was only peripherally involved, you probably don't have much of a case.
2. Was the product being used as it was intended? This is one that your lawyer will probably try to determine a little more decisively, but it's worth thinking about before talking to him or her. It's easier for a manufacturer to argue that you are at fault and not their product, when the product was being used improperly, and in an unsafe manner.
3. Would the accident have occurred if the product had worked as it was supposed to? Generally speaking, this is where you and your attorney begin to build a case. If you're depending on a product being safe and doing everything right, then you're not responsible for the injury caused by a faulty product.
4. Has the same type of accident occurred to others? For widely distributed and used products, often there are previous instances of the product's defects causing harm.
Spending a little time searching the internet and browsing www.Recall.gov would likely be time well spent.
If you believe you've been injured through someone else's negligence contact a personal injury attorney, and let us help you put your life back together.