If you’ve suffered an injury due to a defective product, you may be eligible for compensation. There are laws on product safety that hold manufacturers and distributors responsible for any damage their products may cause. Below are some of the things you need to know before filing for product liability damages.
What is product liability?
Product liability laws exist to protect consumers. A case can be filed against those who make dangerous or defective products available to the public. There are three main types of product defects that can lead to a claim:
- Manufacturing defects: This kind of defect occurs if a manufacturer creates a product, but a flaw in production makes it harmful to its users.
- Design defects: This happens when a manufacturer creates a product according to industry standards but a design imperfection makes it faulty.
- Warning defects: This defect comes up when the product lacks proper instructions or warnings about potential hazards, making it unsafe for people to use.
If you believe a defective product has injured you, it is crucial to act quickly. Get the necessary medical care and document your injuries. Keep receipts for medical bills, damaged products and any communication with the manufacturer or seller.
What kinds of compensation can you recover?
If you can prove a product defect caused your injury, you may be eligible to receive compensation for various losses, including:
- Medical expenses: This includes your past, present and future medical bills for your injury.
- Lost wages: If your injury prevents you from working, you can recover compensation for lost income.
- Pain and suffering: This includes compensation for your physical and emotional pain caused by the injury.
- Property damage: If the product damages your property, you can seek compensation for the cost of repairs or replacement.
Oklahoma follows a strict liability standard in product liability cases. This means you, as the injured party, do not necessarily need to prove the manufacturer or seller was negligent. You need to show that the product was defective and caused your injury.
It’s important to note that in most cases, Oklahoma puts a limit to non-economic damages like pain and suffering at $350,000. However, there are exceptions. If the defendant showed a reckless disregard for safety, the cap may be lifted, allowing for a higher damage award. An experienced product liability professional can advise you of your rights and help you navigate the legal process.