How to File a Claim For Product Liability?

There are quite a few different things that could be said about product liability. First and foremost, it’s an interesting institute because it’s definitively regulated by a few different aspects of the law. Contractual law contains provisions navigating cases of product liability as well as the Common law which sets forth some warranty provisions and procedures. With this in mind, it’s important to pay closer attention to the responsibility that stems from product liability than to where the provisions come from. So, without any further ado, let’s take a look at some of the consequences.

Filing a claim against the manufacturer

When is it actually possible to file a claim against the manufacturer? The question is rather straightforward, yet the answer could vary. First, it strongly depends on the fact of where you bought the product from. If you bought it directly from the manufacturer the situation is rather self-explanatory. However, if you bought it from a reseller then it begins to be a bit more complicated. First of all, you need to quickly take a look at the warranty and whether it comes from the manufacturer or from the reseller. Even though the most common practice is that the warranty would come from the manufacturer as the reseller won’t have the necessary authority nor capabilities to take care of a broken product, it’s not impossible for this to happen.

What to expect

In some cases you wouldn’t have to worry about the claim too much, if you even need to file a claim. That’s when everything goes smoothly and the product is being dealt with under the warranty in the due terms. However, when you’ve sustained damages as a result, you might want to dig a bit deeper. It is best to discuss your case with a lawyer dealing with tort cases especially product liability. They must have dealt with similar cases and working on your case would help you get justice.

Damages from product liability can stem from all sorts of situations as well as from different types of defective products and even from services. With this in mind, if you want to recover said damages, you’d have to file a legal motion to do so. In the majority of cases the one you are filing the claim against is going to have insurance for product liability which is going to require you to direct the claim towards the insurance company. That’s not necessarily a bad thing but keep in mind that his insurance might fail to cover all of the necessary and claimed expenses. Be careful, however, because insurance companies aren’t easy to deal with.

If you claim the damages from the manufacturer directly, you would need to definitively prove that the damages have derived from the malfunctioning product and that there is nothing else that could have or has caused them. It’s important to be consider all of these aspects.