Since 1948, CCD Law has helped injury victims in Spokane and the surrounding area, including Coeur d’Alene. Our personal injury lawyers are well-versed in helping you when you’re injured by faulty products. If you or someone you know has been injured by a defective product in Coeur d’Alene, contact us today for a free consultation.
When Do You Need a Lawyer?
You might think you don’t need a lawyer for minor injuries, but for serious ones with more damage, having legal help is important–especially if a defective or dangerous product is involved. That’s where we step in. We investigate the accident to find out what went wrong, gather all the proof you need, and talk to witnesses and experts, like doctors or engineers, to understand the accident better.
Then, if you want to move forward with a claim, we handle all the talks with insurance companies and the other side’s lawyers so you don’t have to worry about it. Our main aim is to get you the right amount of financial support for your injuries and expenses. We fight for what’s fair and stand up for your rights.
While you’re not required to have a lawyer, dealing with injuries and the legal side of things can be really stressful. We’re here to take that weight off your shoulders so you can focus on getting better.
What Are Your Damages in a Product Liability Claim?
Whenever you get hurt, it means changes to how you live your life, whether that be in the short-term or long-term. This isn’t any different in a product liability claim. Basically, you’re going to have injuries and other losses when you’re hurt by a product. The question is, what can you get in an injury claim.
The answer depends on how serious your injuries are, as well as some other factors. First and foremost, you’ll need to file an injury claim, either through an insurance claim outside of court or a lawsuit inside the court system.
From there, you can potentially recover things like your:
- Medical expenses – This covers the costs for any medical treatment, hospital or doctor visits, ambulance services, and other expenses related to the accident.
- Lost income or earning potential – This refers to the wages or salary you were unable to earn due to the accident, as well as any future income you may miss out on because of lingering effects from the incident.
- Pain and suffering – This covers the physical and mental pain you go through as a direct result of the accident.
- Emotional distress – Emotional distress involves the psychological impact of the accident, including feelings of fear, anxiety, depression, or trauma that can crop up from the event itself or its aftermath.
- Disfigurement or permanent injury – This refers to any lasting physical changes to your appearance or abilities caused by the accident, which may include scarring, amputations, or other forms of permanent injury.
- Loss of companionship or quality of life – This represents the diminished ability to enjoy life and relationships as you did before the accident, including the loss of close relationships, social activities, and overall happiness and fulfillment.
Like any claim in Idaho, you have to file within two years of the date of the accident. It’s also important to figure out who exactly is liable for the defective product.
Who’s Liable For a Defective Product?
When you buy something, whether it be a car to drive your family around or a vacuum cleaner, you have certain expectations. More than anything, you want the product to work. But this goes further when it’s potentially hazardous or dangerous. Obviously, if you buy a stove or something with a heating element, you understand the risk. Still, the companies that make and sell products have a legal responsibility to keep consumers safe at every stage of the process. This includes all of the following:
- Creating
- Producing
- Selling
- Renting
- Marketing
With this in mind, responsibility for a defective or dangerous product can fall on the:
- Designers or engineers who create it
- Manufacturer who makes it
- Distributor or retailer who sells it
- Suppliers of its parts
- Testing labs
- Advertisers
The main factors in deciding who’s responsible are where the defect came from, when it happened, who knew about it, and what actions were taken to fix it. Often, more than one party shares the blame for a defective product. This can make the claims process a bit more complex, but as the victim, it’s ultimately up to you to show the extent of how the defective product harmed you.
What Do You Need to Do to Show a Product is Defective?
Unfortunately, getting hurt by a defective or dangerous product sometimes isn’t enough to take legal action. While it’s the starting point of your options, it’s on you to show that:
- The product was defective or dangerous
- The liable parties knew of the danger or should have known about this hazard
So, basically, this is going to come down to evidence. In order to show that the product was defective or dangerous, you need to do the following:
- Find the issue – Figure out if the problem is from how it was designed, made, or something else.
- Describe the problem – Clearly explain what’s not working right with the product using pictures or simple descriptions.
- Keep records – Hang onto your receipts and any papers (like manuals) from when you bought the product.
- Provide medical records – If the product injured you, gather records and other documentation from your doctor to show what happened.
- Find similar experiences – Consider reaching out to consumer protection groups about the issue so they can help too. This can also connect you with other consumers who have experienced similar problems.
Remember, a product liability claim is essentially an injury claim. This means that it’s important to take these steps to protect your health, safety, and potential case. This is also an area where we can help you, particularly with respect to compiling records and gathering evidence.
What Injuries Can Happen With a Defective Product?
There’s a lot of different ways you can be hurt when there’s a defective or dangerous product. Specifically though, it’s going to depend on what the product is, how you use it, and how dangerous it is. This can vary from situation to situation, but usually, you can expect to have to deal with the following injuries:
- Cuts, bruises, and lacerations
- Burns and scalds
- Broken bones and fractures
- Head and brain injuries
- Spinal cord injuries
- Internal injuries or organ damage
- Electric shocks or electrocution
- Eye injuries or vision loss
- Respiratory problems or lung damage
- Allergic reactions or poisoning from toxic materials
It’s certainly frustrating when you’re hurt by a defective or dangerous product. Not only do these things happen unexpectedly, but can quickly escalate to the point where you might be permanently injured. That’s what makes the legal process so important, and that’s where you can turn to our team for support.
Dedicated Coeur d’Alene Product Liability Lawyers
When you’re hurt by a defective product in Coeur d’Alene, it can leave you feeling helpless. At CCD Law, our dedicated Coeur d’Alene product liability lawyers have helped numerous clients through this very situation. We’ll help gather evidence and fight for your rights against companies that put profit over your safety. Contact us today to set up a free consultation to get started.