If a defective product has injured you or someone you know, the first step is to speak with an experienced product liability attorney. The defective product lawyers at Frantz Law Group have extensive experience in product liability cases and can help you navigate the legal process.

Initial Investigation

An investigative team will be assembled to thoroughly examine the product, the circumstances surrounding the incident, and any potential damages incurred by the plaintiff.

1. Evidence related to the incident will be gathered, including any receipts or documentation related to the purchase of the product, photographs of the product and the scene of the incident, and witness statements.
2. The product will be closely examined to identify any defects or design flaws that may have led to the incident: Disassembling the product, performing material tests, or conducting forensic analysis.
3. Experts in various fields may be called upon to offer their opinions on the product and its potential defects or safety hazards.
4. Once all the evidence has been gathered and analyzed, the investigative team will assess the manufacturer’s liability and determine whether they are responsible for the incident.

Settlement or Trial

There are two avenues for pursuing a resolution: settlement or trial.

Settlement:

• A settlement is an agreement between the plaintiff (injured party) and the defendant (company being sued) to resolve the case outside of court.
• Usually, a settlement involves the defendant paying the plaintiff a certain amount of money in exchange for dropping the lawsuit.
• Settlements can benefit both parties, as they avoid the uncertainty and expense of a trial.

Trial:

• The case will go to trial if a settlement cannot be reached. This is common with class action lawsuits involving mass consumer products.
• During a trial, both sides present evidence and arguments to a judge or jury, who will decide whether the defendant is responsible for the plaintiff’s injuries.
• Trials can be lengthy and expensive, and there is always a risk of losing the case.
• If the plaintiff wins at trial, they may be awarded more money than they would have received through a settlement.

Whether to settle or go to trial is a decision that should be made in consultation with a qualified personal injury attorney, who will assess the strengths and weaknesses of the case and recommend the best course of action.

Complexities

The legal process for product liability cases can be complex and time-consuming. Multiple factors and parties are involved, which can lead to a lengthy legal battle. Some of the complexities involved in product liability cases include:

• Determining liability: Who is at fault for the injuries or damages caused by the product? This can involve a detailed investigation of the product’s design, manufacturing process, and marketing strategy.
• Proving negligence: To succeed in a product liability case, the plaintiff must prove that the defendant was negligent in some way. This can be challenging because the burden of proof is on the plaintiff, who must show that the defendant was responsible for the defect in the product.
• Identifying damages: A product liability case may involve multiple plaintiffs who have suffered different damages, and it can be challenging to identify and quantify these damages — especially if they are intangible, like pain and suffering.
• Dealing with multiple parties: In some product liability cases, there may be multiple parties involved, such as the product manufacturer, distributor, and retailer. This can complicate the legal process, as each party may have different levels of liability and responsibility.

Navigating these complexities requires a skilled legal team who can investigate the case thoroughly, gather evidence, and present a compelling argument in court.