From cell phones to children’s toys, defects can occur in just about any type of consumer product. Sometimes, the effects of a defective product can lead to debilitating injuries or even death. Filing a civil suit for a defective or dangerous product works a little differently than filing a personal injury claim.
Because of the complexity of product liability law and the severity of harm certain defects can cause, it is almost always in your best interests to work with a skilled attorney when pursuing damages from manufacturing companies. A qualified Omaha product liability lawyer can help document your injuries and seek compensation for them on your behalf.
Causes of Action in Omaha Defective Product Cases
In most local product liability cases, the manufacturer bears strict liability for any preventable harm a user suffers as a result of an item’s defect(s). In other words, if you can prove that the defendant manufactured the faulty product and establish a direct relationship between the dangerous item and your injuries, you can hold that manufacturer responsible for your damages without having to prove legal negligence.
There are three types of product defects that can give rise to civil litigation in our area:
- Design defects – flaws in the core design of a product that make all uses inherently dangerous
- Manufacturing defects – errors during production or assembly that make a particular version of a product dangerous
- Failure to warn defects – inadequate instructions or warnings for safe use
A knowledgeable attorney can file an injury claim on your behalf for the specific type of defect that caused your injuries.
If you can successfully prove liability in an Omaha defective product case, you may be able to recover compensation for both economic and non-economic damages. Economic damages, like medical expenses and lost work wages, have objective dollar values and can usually be supported with documentary evidence. Alternatively, non-economic damages like physical pain and loss of enjoyment of life must be evaluated on an individual basis.
Regardless of liability or damages, it is important for prospective plaintiffs to file their cases on time to avoid missing out on compensation. According to Nebraska Revised Statutes §25-224, a person injured by a defective product has a maximum of four years after the date they were injured to file suit, but no more than 10 years after the date on which they purchased the item in question.
Work with an Omaha Product Liability Attorney
If you were injured from using a defective or faulty product, you have a right to seek monetary compensation. With guidance from experienced legal counsel, you may have a better chance of establishing strict liability for a dangerous consumer good and recovering comprehensively for your damages.
A seasoned Omaha product liability lawyer at our firm is ready and available to help you pursue a positive outcome to your case. Schedule a free consultation at Berry Law today to find out how an attorney on our team can help you take advantage of your legal options.