Possibilities To Have An Injury Lawsuit Due To A Defective Product
If you have bought a product which is faulty, you may think it is possible to file a personal injury lawsuit for defective product. However, it is not so. Even if a product is faulty, a lawsuit is only possible in case there is an injury or loss that happened due to the fault of the defective product. It is also important to consult a Wellington injury lawyer if there is an injury or a loss due to the defective product. There are a few elements of damages and product liability laws that need to be known and understood well before you actually decide whether or not to take up a lawsuit.
When, as a consumer, you come across a product which is faulty, you can check whether the situation allows you to file a breach of warranty or a product liability case. Such cases can be filed mostly against the manufacturer of the product and sometimes also against the seller. These lawsuits are normally different from other personal injury lawsuits since they are not caused due to someone's negligence that is mostly the case in most other personal injury cases. On the contrary, these cases are categorised under strict liability. Your Wellington injury attorney would be able to further inform you how you can understand which lawsuit falls under which category.
When there is a lawsuit which involves strict product liability, it really does not matter much whether the manufacturer or the seller was negligent or not. And there is no standard to measure the conduct of the defendant. The real issue in these product liability cases is if the product was dangerously defective and if it is proved that the product was defective which resulted in loss or injuries, the manufacturer or the seller would be asked to compensate for the same. A good Wellington injury lawyer would be able to create a good case for you so that you get a better settlement for the same.
However, the very clear case in product liability cases is that the plaintiff only gets a settlement or compensation if and only if, there has been some sort of injury due to the defect of that product. Whether the injury is of physical nature, mental or financial, the plaintiff has the right to file a lawsuit for the same with the help of a good Wellington injury attorney to get a reasonable compensation. Always remember whenever the losses or injuries are physical in nature, the amount of compensation can rise drastically since physical injuries are categorized in non-economic damages which cannot be capped since the cost of pain and suffering cannot be estimated as simply as economic damages. This is an extremely important thing to understand in personal injury cases since they are expensive to prosecute. For more information visit Our Website