Our Proven Track Record in Product Liability Cases
Proven Track Record in Product Liability Cases
Product Liability cases come up when you are hurt by a product. It could be a toy that comes apart too easily, a piece of furniture that tips over, a space heater that blows up, a toaster that catches on fire, or even a drug that is more dangerous than expected.
Kim Beck has a proven track record in product liability cases. These cases have been her main focus for most of her career. She has helped hundreds of people come to a favorable resolution of their product liability cases.
A Few Things to Think About if You Want to Bring a Product Liability Case
1. You have to be out money because of the product.
-
- You can only bring a product liability case if you have what the law calls an "economic loss." That means you (or someone acting on your behalf) have to "be out" some amount of money, objectively.
- For example, if your toaster catches on fire and burns up some of your cabinets, the cost of replacing your cabinets is your economic loss.
- If your chair leg breaks, causing you to fall to the floor and break bones in your foot, your medical bills are your economic loss. That is true whether you pay them, or your insurance company pays them, or Medicare pays them. If you received medical care and/or testing, someone paid for it, so you have economic loss.
- Let's say, on the other hand, that you go to a fast-food restaurant and bite into something hard in your hamburger. Then, you spit it out, and then just go on with the rest of your day without seeking any medical attention. You do not have economic loss, and therefore, you cannot bring a lawsuit. In example, you would not "be out" any amount of money.
2. There has to be something wrong with the product.
There are three kinds of things that can be wrong with a product in order to sue for product liability
-
-
-
- It’s not designed well.
- The maker did not warn you about the dangers of the product.
- The product wasn't made the way it was supposed to be made.
-
-
3. Your Product Liability Case Might Not Take as Long as You Think.
Different cases take different amounts of time to complete. And, no one can guarantee you will win your case. A case involving a complex personal injury (like a case involving pharmaceutical products) usually takes several years. On the other hand, a relatively straightforward product liability case may settle in a few weeks without even filing a lawsuit. If we need to sue the product manufacturer and the case does not settle, it usually goes to trial in one to two years.
Tips if You are Going to Sue for Product Liability
1. Tell Your Lawyer Everything About Your Product Liability Case.
As with any case, you should always tell your lawyer everything that you think could be relevant to your product liability case. Never withhold information, hoping that no one will figure it out. The defendant (the person or company you are suing) will probably figure it out, and you do not want your lawyer to be surprised.
2. Hold onto the product.
Sometimes if you complain about a product, the store will let you return the product, or the manufacturer will ask you to send the product back. If you are even considering suing for product liability, keep the product. Not having the product can be a big problem in a product liability case.
In order to win a product liability case, we are going to have to prove exactly who made the product. Some products look very, very similar to products made by a different company. For this reason, if you are hurt by a defective product, keep the product if you can.
That said, if you want to bring a product liability case, and you don’t have the product anymore, call a lawyer. There might be a way to work around the issue of a missing product.
3. Protect the Product.
- Put it in a plastic bag and then put that in a climate-controlled area. Keep it some place that only you and people you trust can get to it. For example, you can put it in a closet at your house or a relative's house.
- Also, make sure it is not going to get jostled around. So, do not keep it in the trunk of your car.
- I will take possession of the product if you hire me. Both you and I will sign a receipt that says exactly what I took.
4. If you are going to sue for product liability, you have to sue before the Statute of Limitations Expires.
- Kentucky, Tennessee, and Louisiana have the shortest statutes of limitation in the country for product liability cases. It’s one year from the date the plaintiff knew or should have known the product caused the injury.
- Ohio and Indiana have a two-year statute of limitations on product liability cases.
5. If you are unsure whether you have a “good” product liability case, you can call me to discuss it at 888-434-2912.
How Much Money Can You Win if You Sue for Product Liability?
You can win “compensatory damages” which means you can win enough money to compensate you for the loss caused by the defective product. If only your property is damaged, you can get the money needed to compensate you for the destroyed property. If you are hurt because of the defective product, you can get your medical bills repaid plus money for your pain and suffering.
Conclusion
We have a proven track record in product liability cases. Product liability cases come in all kinds of shapes and sizes. You have to have some "economic injury" meaning you have to be able to point to some amount of money that you or someone acting on your behalf paid because of the defective product. Hold on to the defective product and keep it in a safe, dry place until I can make arrangements with you to come to get the product. If you cannot keep the product, make sure you get a lot of good pictures. More complex cases will take longer to resolve than simple ones.