Chris and James Welsh of Welsh & Welsh
Proudly fighting for the Omaha community for over 65 years.

Proving Product Liability Cases in Nebraska

Published on Apr 11, 2017 at 2:13 pm in Product Liability.

If you or a loved one is a Nebraska resident and has been injured or has suffered due to a product that was defective, manufactured poorly, or falsely advertised, you may be considering contacting a product liability attorney. If this is the case, congratulations. You’re considering a decision that may protect others from being hurt or injured in the same way. Defective product lawsuits give U.S. citizens a way to speak against injustices and improve how products are made and delivered.

You should also be aware that proving product liability cases in Nebraska can be extremely complex. There are many things you and your attorney will need to prove for your case to be successful. It’s an unfortunate fact that most product manufacturers have powerful legal departments and will try and find every loophole they can to refute your claim. Without solid evidence and an experienced personal injury lawyer, your cause may not hold much ground.

That said, what exactly will you need to prove in a product liability case? Two things will need to be proven:

  • There was a relationship between the defective/faulty product and the accident that occurred

This is the easier of the two points to prove and can generally be proven by the product itself or a doctor or medical expert who examines your injuries and/or condition and can prove the two are linked.

  • The product manufacturer was responsible for the defective and/or faulty product

In the state of Nebraska, you do not need to prove that the manufacturer was negligent in manufacturing, assembling, or advertising the product, but you will need to prove that the manufacturer was responsible for the defect and/or faulty product. This can be difficult and often requires the assistance of accident reconstruction specialists. In addition, your case may require an expert to stand testimony during your case.

Depending on what happens during the preliminary claim-filing process, your case may or may not go to court. Claims that are settled outside of trial are less complex, naturally, but often require substantial evidence.

One other thing to make note of is the fact that product liability claims must be filed within a certain period after the accident occurs. This is a period known as a statute of limitations. In the state of Nebraska, product liability claims must normally be filed within four years of the date of the accident or injury. If you don’t file a claim within this period, you will be ineligible to do so.

If you have any additional questions about proving a defective product case you may have in Nebraska or would like to speak one-on-one with an Omaha product liability lawyer who has the expertise your claim needs, don’t hesitate to get in touch with Welsh & Welsh today. Our law office is happy to do an initial consult on your case at no charge to you.