Taking on a product liability claim against a manufacturer of any size can seem a little daunting. In contrast to other types of claims, manufacturers and insurance companies may be a little more recalcitrant about settling claims based on product liability. However, a guided approach to handling these matters can help you assure favorable outcomes.
Get Expert Input
When a plaintiff is alleging aÂ design defect, you may benefit from seeking out an expert analysis. Learning more about industry standards, safety risks that have previously been addressed by other companies could illuminate the effect of a defect. AÂ lawyer consultationÂ from an expert can also help you identify if an accident is more likely attributable to a problem with the product or user error.
Be Thorough About How You Gather Physical Evidence
The process of gathering evidence in a product liability claim can play a determinative role in whether the claim prevails. In addition to the actual product that malfunctioned, itâ€™s advisable that you get a hold of another one. Get the exact make and model. If the product packaging contains lot numbers, look for the same one. This can help you identify whether the defect is unique to one product or if itâ€™s a widespread problem in the manufacturing or design process. If the latter is true, there may be an entire class of plaintiffs who need help. It may also be worth getting a comparable product made by another manufacturer. The differences in design and composition can help you pinpoint where a manufacturer went wrong.
Learn About Prior Actions
Of course, itâ€™s unlikely that you will be able to learn about prior actions that have been settled out of court. However, itâ€™s possible that a matter involving the same product has already been litigated within your jurisdiction. Do an exhaustive search to find out about the manufacturerâ€™s history as a defendant.