Everyone experiences that a purchased item quickly breaks down. Then you contact the seller and you are entitled to a replacement of the product or your money back. But what if personal injury occurs due to a defective product? What is the legal situation if you want to recover damages? This article by MCJ Advocatuur is about that.
What is product liability?
Product liability concerns the liability of a manufacturer or retailer for a defective product. Producers have an obligation to market safe items. This means that they must carefully investigate any risks and properly inform consumers about them.
If a product turns out to be defective and you suffer damage as a result, the manufacturer of the product may be liable for your damage.
What rights does the consumer have?
Consumers are legally protected against the harmful consequences of a defective product. Because the risk of personal injury lies with the producer, product liability does not appear to be very complicated: if there is a defect and damage has occurred as a result, the producer is liable.
However, in practice it is complicated to recover personal injury damages from a producer. Litigation takes place relatively often in these cases. You must prove that there is damage and that it was caused by the product. Another complicating factor is that manufacturers will do everything they can to prevent a product from being labeled as unsafe, to prevent reputational and financial damage.
Where can I go for expert help?
That is why the help of a specialized lawyer is indispensable for you. You can find this at MCJ Advocatuur, among others. Your job is to prove that the damage was caused by the product. If necessary, a step will be taken to court in the form of, for example, a partial dispute, a preliminary expert investigation, witness hearings or substantive proceedings. This way we can, step by step, force the manufacturer to take responsibility and compensate your damage.
Would you like to submit a personal injury case to us? Please feel free to contact us.