Many Utah product defect attorneys offer a free initial consultation. The person consulting the lawyer typically needs to focus and ask questions that are specific to his case. However, many people wander into generalities and keep asking basic questions, thus squandering their precious time in an unproductive interaction.
To help plaintiffs use their free-consultation time fruitfully, we compiled a list of questions (along with their answers) that they should be aware of. Knowing them will help plaintiffs get down to business in the free initial meeting and ask questions that matter:
1. What is a defective product? Can I sue for a design defect?
You can sue the manufacturer if the product had design, manufacturing, or failure-to-warn defects. Examples: a design defect in a medical device, a manufacturing defect in a baby carrier, incomplete important information in the user manual, etc.
A product is considered defective if it is dangerous to use for the purpose it was intended to.
However, you can sue the defendant only if you or someone close to you got injured because of the defect.
2. What is required to be proved in a court of law or during pre-trial negotiations?
Product defect attorneys in Utah are required to prove that:
- The plaintiff purchased the product legally from the market in the regular course of business.
- The manufacturer/seller made or sold the product to fulfill his customers’ expectations from that product.
- The product was defective (see (1) above).
- The defect was such that it made the product dangerous to use.
- The plaintiff (or bystander) used it and sustained damages.
3. What is a “failure to warn” product defect?
Utah Code Sections 78B-6-701 to 78B-6-707 define the conditions and circumstances in which a product can be called defective. A “failure to warn” product defect is treated as a case of negligence. The defendant is required to warn the plaintiff of any danger that the product can pose if used incorrectly or without due care and attention, and if the plaintiff was not made aware of this then it is a case of “failure to warn.”
The plaintiff’s product defect attorney is required to prove that (a) the defendant did not provide ample warning about the usage along with the product, and (b) that the inadequate warning rendered the product defective by making it unsafe or dangerous, and that (c) the plaintiff sustained injuries because of the inadequate warning.
4. What evidence is the plaintiff required to hand over to his product defect attorney?
There are two types of evidence required to establish the case:
Evidence required for establishing the party at-fault
- Name and address of the person/s you are suing
- Names and addresses of witnesses
- Copies of documents (police complaint, insurance claim, photographs, etc.)
- Anything that was said orally to any party in connection with the product defect
- Any other evidence that helps prove fault
Evidence required for proving injury
- Medical and diagnosis reports
- Medical bills
- Property damage repair bills (if any)
- Letter from the employer that you lost wages because of the injury
- Letter from medical experts in case your earning capacity is diminished
- Every other bill for expenses related to the injury, including car rentals, replacement of personal items, etc.
FREE INITIAL CONSULTATION
We hope that the information above helped you understand the basics and trust that your initial discussion with us will now be more productive and sharp.
Our product defect attorneys are backed by years of experience and have helped hundreds of Utah-based plaintiffs get millions of dollars in damages in product defect cases involving vehicles, medical equipment, and other personal equipment.
We will be more than happy to answer questions, clear doubts, and help you become a more informed plaintiff.
We build our cases in a way that the defendants buckle down before the evidence and offer to settle the case before it goes to trial. That saves you time and money.
So, go on ahead and give us a call and set up the free initial consultation, and learn how we can make a difference.
You have everything to gain.
