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Defects in design can lead to legal claims after an injury

| May 22, 2020 | Product Liability |

Products that you purchase should be safe for you to use as long as you’re using them properly. What some people don’t realize is that it’s possible that a design defect could lead to them suffering an injury. This is a situation that might lead to a legal claim for compensation.

Some products are inherently dangerous despite what the manufacturer does. These are known as unavoidably unsafe products. Many power tools, including saws, fall into this category. Even when this is the type of product you’re using, there is still an expectation that you will be able to remain reasonably safe while you use it.

Seeking compensation for a design defect isn’t always easy. There are several elements that you must show if you’re making this claim. These include showing that the danger that caused your injury could have been avoided if the manufacturer had used an alternate design.

The alternate design would have to be feasible, make sense economically and not impede on the intended purpose of the product. You also have to be able to show that you were using the product as intended and that the injuries you suffered were directly attributed to the design defect.

When you file your claim, you have to include the damages that you suffered. This includes the ones that you already know about, but you also have to include any that you reasonably think that you might face in the future. Coming up with these figures can take some work, so make sure that you start your case as quickly after the injury as possible. Time limits apply in these cases, so don’t wait too long.

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