Anything that was manufactured to be sold to consumers qualifies as a product. Defective products and those that are potentially harmful beyond what should be expected can occur in just about any realm of manufacturing. Some of the more common situations in which a product liability attorney in Beaver Dam, WI represents clients are in the areas of medications and medical devices, vehicles and vehicle parts, machinery, and recreational equipment.
Defining a Defective Product
Defective products can occur because of a manufacturer’s negligence in design or production. In some cases, the product is technically not defective but potentially harmful under certain circumstances or types of use. The manufacturer is responsible for warning customers about this. If the company does not do so, it can be held liable for any harm that occurs.
Initial Steps in a Product Liability Case
A product liability attorney in Beaver Dam, WI typically starts by gathering the evidence necessary to prove the claim. The product’s hazardous characteristics must be proven, and the lawyer must verify that the person was using the item as the manufacturer intended when the injury occurred. The product cannot be legally presented as defective if it malfunctioned due to wear and tear over time or if the person used it in a potentially harmful way.
Negotiated Settlement vs. Court Award
The lawyer with an organization such as QBS Law works to negotiate a reasonable settlement with the manufacturer or that company’s insurer for liability issues. Compensation may be requested for medical expenses, lost wages, physical pain, reduced quality of life, and psychological trauma. Click here for information on one particular law firm.
Most cases are settled without going to trial, but the lawyer will begin preparing for a trial if the company or the insurer is uncooperative. Documents are filed with the court in preparation for a lawsuit and the other party is notified. In some instances, such as a defective product that caused a fatality, the lawyer will be more inclined to bring the case to trial because the jury may award the plaintiff a large amount of money that the insurer would never agree to in a settlement. You can also visit them on Google My Business.