How do I know if I can sue for injuries I suspect were caused by a defective product?

A:

Injuries resulting from the use of a defective product can involve product liability as well as other areas of the law, so there is no simple answer. A competent product liability attorney can help you determine if you have a worthwhile case.

For product liability laws to be applicable in a defective product case, generally three basic elements must be proven:

1. The product has to have been in a defective condition or have been reasonably dangerous for its intended use. This could be as a result of negligence in the design of the product, a manufacturing defect due to improper inspections or quality control, and/or improper instructions or warnings.
2. The product defect has to have existed prior to when it left the control of the manufacturer.
3. The defect had to have been the "proximate cause" (not necessarily the only cause) of the injury or death.