What happens if something is wrong with a product you buy and you are injured as a result? Under personal injury law, you might recover money damages from the manufacturer, distributor, or seller. These cases are usually complex, and individuals should have attorneys to pursue them successfully. Generally, an injured person must prove the following elements when establishing a defective product claim. 

4 Steps to Prove a Product Liability Claim Under Personal Injury Law

1. Product Is Defective

To support a claim, an injured person or their attorney must prove a product is defective in its design or manufacture. Under Wisconsin law, a reasonable alternative design must have been available. For example, a baby crib with bars wide enough for a child's head to fit through has a design defect that could have been reasonably fixed. Likewise, individual items might be manufactured improperly, like hot dogs containing bits of metal.

2. It Was Used Correctly

Injured individuals must prove they used the product the way the manufacturer intended. Not following manufacturer’s directions or misusing, altering, or abusing the product can eliminate potential injury claims.

3. An Injury Occurred

There must be evidence of a physical injury. Personal injury law attorneys use medical reports, photographs, and eyewitness testimony to prove their clients were harmed and establish monetary damage reports for medical bills and pain and suffering. 

4. There’s a Link Between Product & Injury

Personal injury law requires showing that the defective object caused the accident or made the injury more severe. For example, a defective air bag might not cause a car accident, but it can lead to a more serious injury when it fails to deploy and protect the driver.

If you experience an injury from a defective product, seek counsel from Egan & Richgels, S.C. Based in La Crosse, WI, the firm’s personal injury law attorneys are dedicated to obtaining full compensation for their clients. Visit their website for more information about their experience and areas of practice, or schedule your consultation with a skilled and compassionate accident attorney by calling (608) 784-0087 today.