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How Can You Make A Product Liability Claim For A Christmas Gift?

by Marie Caldwell

If you get hurt using your Christmas present, what can you do? One possible option is a product liability claim. Here's how to do it.

What is a Product Liability Claim?

A product liability claim is a personal injury lawsuit where you sue because something that was wrong with the product caused you to get hurt. This could be a problem with the design of the product, a problem in the manufacturing process, or a problem with the final assembly if the product was made to be assembled later. You can sue for your medical bills, lost wages, and related expenses.

Can You Sue the Person Who Gave You the Gift?

Ignoring whether suing the person who gave you the gift will get you invited to Christmas next year, it may be possible to sue them in limited circumstances. Generally, they'd need to have affected the product in some way.

If all they did was get an item in a box from the store and wrap it, you probably can't sue them since they have no way of knowing that there's anything wrong with the item inside of the box. However, it's possible that they could have liability in a situation such as them assembling your new bike for you. If you do need to pursue this option, it's important for everyone to understand that you'd normally actually be trying to get their insurance to cover your bills rather than trying to punish the gift giver.

Can You Sue the Store Where the Gift Was Bought?

Suing the retailer is almost like suing the person who bought the gift. They'd need to have affected the product. In addition to improper assembly, another possible liability is improper storage, especially for food items. For example, if they didn't keep food at the right temperature and you got sick, that could give you a claim against the store.

Can You Sue the Manufacturer?

You can sue the manufacturer when there was something wrong with the product. A toy might have an electrical problem that could cause a fire or an exposed sharp edge that can cause nasty cuts. The manufacturer is responsible for these types of safety issues. Since it's reasonable that products can be gifted or resold, you can sue the manufacturer directly instead of the gift giver.

To learn more about how to make a product liability claim for a Christmas gift, contact a local personal injury lawyer today.