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Naples Personal Injury Attorney > Blog > Legal Advice > Things You’ll Need If You’re Considering a Product Liability Case

Things You’ll Need If You’re Considering a Product Liability Case

There are times when a product liability lawsuit may be needed to force a company to put the best interests of their customers before corporate profits. One of the best-known examples relates to the McDonald’s coffee case.

In the early 1990s, a 79-year-old woman became seriously injured after she spilled a cup of hot McDonald’s coffee into her lap. Not only did she need to be hospitalized for multiple days, she needed skin grafts and medical treatment to further her recovery.

During the trial, her attorney was able to prove that the fast food giant had long been aware that the temperature of its coffee was burning its customers. Since they failed to fix the problem, a jury found them liable, and the plaintiff was awarded more than $2.7 million in damages.

Things you’ll need to prove in court

If you’ve been injured as a result of a faulty product and you’re wondering if you have a case, you should know that there are several things you’ll need to prove in order for your case to be successful.

  • You’ll need to prove you suffered a serious injury
  • You’ll need to prove the product that caused the injury lacked clear instructions how to use it, it lacked warnings or was defective in some way
  • You’ll need to be able to prove that the injury in bullet point one was a direct result of what was discussed in bullet point two

Winning a product liability case isn’t always easy, but that’s not to say it can’t be done. When you speak with a personal injury lawyer they’ll want to know more about your case, the circumstances under which you were injured and whether the product was being used inappropriately.

For example, someone who becomes injured while using a lighter to set a stream of aerosol hairspray on fire would not have a good case. On the other hand, a person who is hospitalized because a lighter exploded in their pocket, is more likely to be successful.

If you’re considering a product liability lawsuit it’s imperative that you speak with a personal injury attorney right away. The attorney will be able to evaluate the merits of your case, the circumstances in which you were injured and let you know the best way to proceed.

For more information on how product liability lawsuits work, call The Law Offices of Marc L. Shapiro, P.A. today to schedule a free, no-cost consultation.

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