What Is The Process For A Product Liability Case?

In this article, take a look at product liability, a type of lawsuit filed by the consumer when they suffered personal injury while using the product.

We have many laws that protect our human rights and should the consumer suffer a personal injury while using a product, they have the right to file a lawsuit claiming negligence on behalf of the manufacturer. The category deals with all cases where the plaintiff claims product liability, due to either negligence or poor design, which involves many different scenarios. It might be a defective vehicle and the injured party is claiming damages from the car maker.

How To Claim Product Liability

If you suffered a personal injury that you think a product was faulty in some way and caused your injuries, you should seek out the established Vize Counselor in Bangkok who has English-speaking lawyers who are eager to assist you. At the initial meeting, the law professional would listen to your account and after asking a few questions, can usually give you an accurate prediction of the outcome. A lawyer is not going to waste your time, if your case does have sufficient evidence to prove liability, he or she would advise you not to pursue the case, or at least try to find some solid evidence that would stand up in court.

Out-Of-Court Settlements

Sometimes is it pretty clear where liability lies and the product manufacturer would rather settle the claim outside the court. Lawyers for both parties sit down and try to find a fair compensation amount. The majority of product liability cases are handled this way, which saves the court valuable time that can be spent hearing other cases that are in dispute. If an out-of-court settlement is the solution, both legal teams negotiate and it might take a few hours before they come to an agreement; when they do, the proposal is submitted to the court for approval.

Gathering Evidence

Of course, your lawyer has to prove that the product was the direct cause of your injuries. This might include:

• Images or video
• Witness statements
• Medical reports
• Personal testimony

The expertise of a Thailand medical malpractice attorney becomes paramount in gathering crucial evidence. These specialised lawyers possess a deep understanding of the intricacies of medical malpractice laws and regulations. They work diligently to investigate the circumstances surrounding the alleged product liability and medical negligence, ensuring that all relevant evidence is collected. They employ their knowledge of medical procedures and standards of care to identify any instances of professional negligence or defective products that may have caused harm to patients.

These medical malpractice attorneys collaborate with expert witnesses, review medical records, and consult with industry specialists to build a strong case. By skillfully gathering evidence, these attorneys aim to establish a clear link between the product defect and the resulting injury or harm, presenting a compelling argument for their clients’ claims. Their expertise in both medical malpractice and product liability enables them to provide comprehensive legal representation, safeguarding the rights of those affected and seeking appropriate compensation for their damages.

The more evidence you have, the better your chances of a favourable outcome and in the weeks leading up to the hearing, your lawyer will prepare everything; there are no second chances in a personal injury claim. The manufacturer will obviously prepare their statement and present that to the court.

The Verdict

It could take anything from a couple of hours to a couple of months for the judge to give a ruling. It might be to award the plaintiff a specific sum and that might include medical bills, loss of earnings and future care costs. The judge stipulates the time period by which full payment must be made and the hearing is over.

If, on the other hand, the judge finds insufficient evidence to prove product liability, the matter is over and you have to pay the legal fees.

Timeline

All claims courts are extremely busy handling cases and your lawyer must file the lawsuit and be given a hearing date. If it is a big case, it could take a few years to resolve; for example; an aircraft manufacturer is sued for negligence by the families of the bereaved passengers after an air crash.

No Win-No Fee

There is a system called ‘no win-no fee’, which many law firms offer; this means you only pay the lawyer if you win the case. People are reluctant to file a lawsuit due to the high legal fees if they were to lose and this eliminates that situation completely.