If you have been injured by a defective product in New Bedford, your biggest challenge will be to prove liability and get compensation for the damages you incurred. Through the help of a New Bedford product liability lawyer, you will be able to hold the parties responsible for your injuries.
What Kinds of Injuries Can Lead to a Product Liability Case?
Some of the injuries include:
- Illnesses
- Harmful side effects
- Health complications
- Physical injuries
You Can Make More Than One Legal Argument
Your New Bedford product liability attorney can use as many legal arguments as possible as long as they apply to your case. This means that you won’t have to choose which approach is best at the beginning of your case. However, you and your attorney can work together to create the best strategy for your product liability case. Below are the most commonly used theories for such cases:
Negligence Theory
If you want to argue your case on the premise of negligence, you have to prove that:
- The party at fault owed you a duty of care. For instance, the manufacturer of the product you bought had an obligation to ensure the product was safe to use without hidden or unreasonable risks.
- They breached the duty of care by putting a dangerous product into the market.
- You were injured as a result of their actions or inactions
Strict Liability Theory
You must prove that:
- The item sold to you didn’t have adequate warning or was unreasonably dangerous.
- They intentionally sold the product to you while it was in its dangerous condition
- You were injured by the item.
Fraud
If your case is based on the fraud theory, you have to prove:
- The at-fault party represented the product in a certain way
- The representation was false
- They knew the representation was false
- They made the false representation in order to deceive you into buying the product
- You trusted them to give you an accurate representation of the product
- Your injuries were a direct result of the false representation
Breach of Warranty
You must prove that:
- There was a warranty that applied to the product
- The product failed to meet the terms of warranty
Most New Bedford Product Liability Lawyers Will Go With the Strict Liability Theory
Your product liability lawyer in New Bedford will likely go with the strict liability theory because unlike all other theories, you do not need to prove a number of additional elements. This means that it will be easier to meet the burden of proof in a strict liability claim.
Additionally, you will be able to recover more damages including pain and suffering. Other types of theories such as a breach of the warranty will only help you to recover economic damages.
Even though it’s very rare for product liability cases to involve fraud, if the facts of the case fit the fraud theory, you might be able to recover punitive damages as well.
Why is it Difficult to Prove Negligence Product Liability Case?
Most people injured by a product assume that all they need to do to prove negligence is to show that the product had a defect and that they were injured by it. The truth is, product liability cases are expensive. For instance, industry experts will be required in order to provide expert testimony in order to make your claims more credible. This is part of the reason why legal assistance with a product liability claim is very important.
How to Find the Best Product Liability Lawyer in New Bedford
- Ask for referrals: Start by asking your family, friends, or acquaintances for any recommendations they may have. If someone you know has had a positive experience with a product liability lawyer, they may be able to provide you with valuable insight and recommendations.
- Search online: Do some research online to find product a liability lawyer in New Bedford. Look for lawyers who specialize in product liability and have experience handling cases similar to yours. You can also check online reviews to see what other clients have to say about their experiences.
- Check credentials: Look for lawyers who are licensed to practice in Massachusetts and have experience practicing in New Bedford. Check their credentials, such as their education and professional affiliations.
- Schedule a consultation: Contact the lawyers you are interested in and schedule a consultation. During the consultation, ask about their experience handling product liability cases, their success rate, and their fees.
- Trust your instincts: Finally, trust your instincts. Choose a New Bedford product liability lawyer who makes you feel comfortable, listens to your concerns, and has a clear understanding of your case. Make sure you choose a lawyer who you feel confident will represent your best interests in court.
