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The Difference Between Medical Malpractice and Product Liability

Product liability suits are brought up when a person is injured or suffers losses due to a defective product. This could range from faulty scissors to exploding cell phones. If you’ve been injured or suffered losses by a defective product, you might be entitled to compensation, which would not only cover your damages but encourage companies to adopt better quality assurance practices.

Medical bills can be costly if your injuries are bad enough. You shouldn’t have to pay for that completely out of pocket. Winning a product liability suit requires proving a product’s defective and dangerous nature in court, though, which can be difficult alone. Companies have teams of lawyers prepared to defend them against such claims, so it’s useful to have an experienced product liability attorney on your side. For victims in Oklahoma City, Edmond, and Tulsa, Parrish DeVaughn Law Firm can help with all product liability needs.

First Steps

In order to properly build your case, four facts must be included:

  • The product physically injured you or caused losses
  • The product is defective
  • The defunct caused your injury
  • You obeyed the necessary instructions when using the product

The first part is absolutely essential. Not only is medical costs one of the primary factors in determining the value of your case, but whether or not you got hurt can determine if there’s a case at all. If your cell phone explodes in your pocket, you could have a case. If it explodes on a table across the room, you might not. However, if it explodes across the room and lights your curtains on fire, you might have a case then since it incurred losses.

Gathering the evidence can be difficult since there’s so much nuance in knowing specifically what’s required. Drawing the causal link between the defect and your injury can be especially challenging, but the skilled product liability attorneys at Parrish DeVaughn Law Firm can help you every step of the way.

Following Instructions

Companies are too often more than willing to blame the victim for any accidents that happen when using their products. They can claim that you didn’t follow instructions or that what you did wasn’t the intended use. Make sure this is not the case for you. Some products are inherently dangerous if misused. The general rule is that, as long as you use the product in a way typical consumers would, the company is liable for any injuries you sustain due to defects. If you put food in a microwave and it explodes, you’ll probably have a good case. If you put a CD in a microwave and it explodes, your case is significantly weaker.

Make sure you’re staying within the reasonable expectations of use for products if you want a good case when something goes wrong. Determining what is reasonable use can be difficult in some cases, which is why hiring an expert product liability attorney from Parrish DeVaughn Law Firm is essential for Oklahoma, Edmond, and Tulsa victims.

Defective Medical Equipment

If you’re the victim of defective medical equipment, there could also be a medical malpractice aspect to your suit. You don’t have to pick between medical malpractice and product liability. File a suit for both with all the evidence you need. You’ll again need to prove that the product was defective and that the defunct directly caused your injuries. The product’s marketing can also be taken into account and can be classified as defective.

Defective medical equipment commonly affects multiple people. If this is the case for you, in which others were similarly injured by the defective product, you could be able to join or file a class action lawsuit. These generally require a less upfront cost to join, but you may not be eligible if your injuries are substantially different. Product liability attorneys like those at Parrish DeVaughn Law Firm can help you determine the best course of action for your scenario.

Product Liability Attorney in Oklahoma City, Edmond, and Tulsa

For the best claim after your defective product injury, turn to Parrish DeVaughn Law Firm. The qualified product liability attorneys only take cases they believe they can win, so a loss incurs no cost from you. With little to lose and so much to gain, make sure you get your medical bills and other costs covered with Parrish DeVaughn Law Firm’s help. Contact them online and fill out their free consultation form today!