When is a Product Considered Defective in a Personal Injury Suit?

The nuances governing when a product may be considered defective under the law can confound even the most experienced personal injury attorney. In some cases, however, the situation is cut and dry. If a toy's design defect -- for instance, a baby toy that's small enough to swallow and choke on -- leads to an accident or death, the plaintiff's personal injury attorney can likely make short work of the defense team, notwithstanding mitigating cares taken to prevent the toy from being abused.

In other cases, a personal injury attorney may have a more difficult time teasing causation from correlation. For instance, consider a medical device designed to help elderly patients move from place to place without a walker. If said device is involved in an accident or spill over, and the defendant winds up with bruises or broken bones, the responsibility for remunerating that plaintiff may not be solely incumbent on the device's manufacturer. Perhaps the walkway on which the device was used was slippery or otherwise poorly repaired. Perhaps the plaintiff herself was already bruised or suffering from contusions or broken bones due to recent surgeries or other slip and fall accidents.

Unfortunately, product liability suits often come down to a case of ?he said, she said.? To protect your rights in such cases, your personal injury attorney will likely advise you to retain the device or product which caused the accident as well as packaging and promotional materials which came with it.

Similarly, you'll want to get personal information from accident eye witnesses, safety data for the product in question, and reports on the manufacturer, wholesaler, and retailer's reputations. Your personal injury attorney may help you determine which party involved is most directly liable for your injury. He or she will also develop a strategy for you to get damages for your discomfort and suffering as quickly as possible.

Bear in mind that lawyers for products, toys, and devices tend to be experts at sniffing out technicalities which might dismiss your case. Never provide recorded or written descriptions of your experience with the product until you have spoken with your personal injury attorney.