Where Can I Find a Dangerous Product Attorney in Oklahoma City?

When looking for a dangerous product attorney Oklahoma City, your search ends at Morgan & Morgan. This is because product liability cases are difficult to handle. They require more than just the attention of specialized attorneys. 

To put things into perspective, we'll use a typical car accident case as an example. Depending on the type of accident, the accident victim may have an easier time proving the other driver's fault. In that case, the only significant challenge they could face is securing reasonable compensation for the damages. 

This usually happens when the at-fault party sees no point in disputing an accident. For instance, in many states, including Oklahoma, the driver who hits another driver from behind is usually at fault for the accident. 

This explains why in such cases, the other party's insurance company is always quick to process the settlement before the accident victims can speak to an attorney. They also hope that the accident victims will sign a release of settlement form, waiving their right to seek further compensation for the same injuries suffered. 

However, things are way different in cases involving dangerous products. Given that such cases are usually difficult to prove, most companies are not always in a hurry to process settlements for victims. In fact, some companies will dare you to go to court if you believe that their products harmed you. On the other hand, if clearly at fault for manufacturing defective products, the at-fault party might propose a low settlement offer because they know how complex it is for the plaintiff to navigate product liability laws.  

The Importance of Resources in Product Liability Cases

One of the reasons product manufacturers may not take your pain seriously when you file a product liability claim is because they have the resources to fight you in and out of court. Such companies make billions of dollars in profits every year. As a result, they can easily afford some of the industry's leading defense attorneys at the snap of a finger.

So, where does that leave you as the consumer? Desperate, disappointed, and in pain. 

When that happens, you need to work with a law firm that can match and even surpass the legal resources the defense has access to. That's where Morgan & Morgan comes in to provide the legal assistance you need to file a successful claim if you or your loved one has been injured by a defective product.

To further understand the importance of resources in handling such a case, let's discuss the different ways Morgan & Morgan can handle your product liability claim in Oklahoma City. 

Investigating the Defective Product

One of the many reasons dangerous product cases are complex is that it is not always easy to prove the “dangerous” aspect of the product. And if you can prove that the product was defective, you will also need to prove that it was being used as intended. But, that's not all — you must also prove that the defective conduction of the product is the main reason for your injuries. 

Technically, there are many legal loopholes the defense team can take advantage of to dismiss your case. For example, if you fell off a defective treadmill and broke your back, how can you prove that you were using the treadmill as intended? You've probably seen many videos of people using treadmills in ways that will make you question whether you've been using your treadmill correctly.

It all narrows down to the issue of legal resources. We have built strong ties with experts across different fields for more than three decades. So when you are convinced that a defective product harmed you or your loved one, but you don't know how to prove the defective aspect of the product, Morgan & Morgan is the law firm to contact.

Suppose you have a valid case against the other party. If so, we will use all resources available to us to investigate the product, obtain professional reports, and everything else needed to prove your case.

Seeking Medical Attention

When you get injured by a defective product, it is important that you seek urgent medical attention for two reasons. 

Firstly, you need to ensure that you're in good health, and the only way to ascertain that is by getting checked by a doctor. Depending on the product and type of injury, you may suffer internal organ damage, something you cannot tell without the help of a doctor. 

Your doctor will conduct several tests and recommend treatment whenever possible. They will also document the treatment process and provide their professional opinion.

Secondly, seeking medical attention helps prove that you indeed suffered injuries while using the defective product. If you do visit a doctor as soon as possible, the defense could argue that you faked the injury. And if the injury indeed occurred, it probably was not severe enough to warrant the need for treatment. 

With that kind of argument, you or your attorney will have a much more difficult time proving that the defective product injured you. In most cases, without proof of medical treatment or a doctor's opinion, such claims hit a dead end. 

At Morgan & Morgan, we can help you seek immediate medical attention for your injuries. This is because our law firm has established relationships with medical professionals in different fields across the state and country. So whether you need an x-ray, surgery, or anything in between, our attorneys can help you get the medical assistance you need. 

Identifying the Party Responsible for the Injury

It is always a challenge to identify the liable party in a product liability claim. For example, when a person gets injured by a defective product, all fingers usually point at the manufacturer. But the truth is, there are some instances where the manufacturer might not even be responsible for the defective product.

This can be heartbreaking, especially when you hit a dead-end knowing that someone somewhere along the production and distribution line is responsible for your injuries. In fact, the frustration of trying to identify the liable party is one of the many reasons some victims of defective products don't file a claim. 

For example, on May 2, 2014, Oklahoma passed a law providing even more protection for sellers of products in the event of a product liability lawsuit. Here's an overview of the new legislation.

In Oklahoma, you cannot sue the seller of a defective product unless:

• you can prove that the seller had substantial control over the design, testing, or manufacturing process;
• you can prove that the seller changed the product and that the change was a substantial factor in causing the injury you or your loved one suffered; or
• You can prove that the seller acted negligently.

However, even if you believe that the seller acted negligently Oklahoma law still makes it even more difficult to sue such an individual or company unless you can prove that:

• the seller actually sold the product that harmed you or your loved one;
• the seller did not exercise reasonable care when assembling the product; or
• the seller did not exercise reasonable care when maintaining or inspecting the product. 

And that is not the only legal hurdle you should be concerned about when you want to bring a claim against a product seller. In addition to the conditions described above, you must also prove that the seller's failure to exercise reasonable care was the main reason for your injuries. 

At Morgan & Morgan, our law firm has more than enough resources required to prove these elements when you have a valid product liability case. When you contact us for a free case evaluation, one of our representatives will review your case and get in touch with you regarding the next course of action. That brings us to the next point. 

Establishing the Best Course of Action

Once our attorneys have established that the other party is responsible for the defective product, they will determine the best course of action. For instance, when it comes to product liability cases, there are times when it makes more sense to file a class action lawsuit than an individual lawsuit.

Class action lawsuits work best when a product injures multiple people in a similar manner or when the amount of compensation each victim receives is too little. However, it may be necessary to file an individual lawsuit if you suffered unique injuries from the defective product, even if it also hurt other consumers. An experienced product liability attorney from Morgan & Morgan will review the specifics of your case and determine the best course of action to maximize your damages. 

Our Attorneys Can Help Tackle Possible Defenses 

The liable party won't write you a check because their defective product injured you or your loved one. On the contrary, they will try to turn the tables and blame you for the injury. As mentioned before, the defense will most likely hire experienced defense attorneys to represent them in court. This is because they know what it means to lose a product liability lawsuit — such a loss could cost them millions of dollars. 

Here are some of the possible defenses to a products liability claim:

Lack of Causation

The defense could claim that something else caused the injury, but not their product. In that case, it will be your responsibility to prove that the injuries you or your loved one sustained derived from the defective product. 

Wrong Product Use

The defense could also claim that you did not use the product as intended. But, again, you will need to prove that you were using the product as intended when the injury occurred. 

Assumption of Risk

This defense applies in situations where the plaintiff knew and understood the risks involved in using a particular product. For example, if you watched a high-speed roller coaster for a while and then decided to join the ride and got injured in the process, the defense could claim that you knew the risks involved. However, this does not mean that you are at fault. It simply means that the defense wants you to provide more proof of their negligence, something an attorney can help you with. 

Substantial Change in the Product

A typical product switches hands multiple times before being purchased by the consumer. In their defense, the other party could claim that the substantial changes in the product might have caused the injury. However, the plaintiff could still argue that the defendant is liable for the injury if the substantial change to the product was foreseeable.