This article will examine what you need to successfully prove product liability. Product liability is a type of tort where the manufacturer or seller of a product is held liable for damages caused by that product.
You can prove product liability even if you were not the purchaser of the product.
If you have been injured by a defective product, you may be entitled to compensation, but you might be wondering what kind of evidence you’ll need to prove your case, and where to find the best product liability attorneys to help you file your claim.
That’s where we come in!
In this article, we’ll tell you about the different types of proof that are necessary for a successful product liability claim.
The Product Caused Your Injury
This may seem obvious, but it’s important to remember that a manufacturer can’t be held liable for something they didn’t do. For example, if you were injured when you fell off a ladder while trying to get a cat out of a tree, the ladder manufacturer is not liable for your injuries because they didn’t cause them.
The Product Is Defective
Product defects can be broken into two categories: manufacturing and design.
- Manufacturing defects
Manufacturing defects occur when a product is defective because it was not made properly. For example, if the manufacturer used faulty materials or failed to follow proper procedures during manufacturing, then this could create a manufacturing defect.
The plaintiff must show that the product was defective when it left the control of the manufacturer. A plaintiff must also show that the defect caused her injury, and that she did not know about or misuse the product.
Manufacturing defects are often difficult to prove because there are usually multiple factors involved in creating a defective product. The plaintiff must show that all of those factors combined together to cause the injury.
- Design defects
A design defect is a flaw in the way a product was initially designed.
For example, if no one thought about how much liquid would come out when you pressed down on the soup button instead of having it dispense from an opening at the top of the blender jar instead of just shooting straight down like a firehose onto whatever happens to be in its path (like your face).
If you think you’ve been injured because of a design defect, you’ll need to prove that:
- The product had a flaw when it was manufactured or designed (this applies to both intentional and unintentional defects).
- The flaw caused your injury or illness.
- You were using the product in a reasonable manner when it broke or malfunctioned (examples include wearing your seatbelt while driving or cleaning with bleach at home).
- Failure to Warn Defect
A failure to warn occurs when the manufacturer or seller knows or should have known that their product would cause an unreasonable risk of harm and they fail to provide adequate warnings or instructions regarding the use of the product.
These kinds of defects happen when there aren’t warnings on a product or instructions on how to use it safely.
This is especially common with pharmaceutical products or prescription drugs, where doctors often prescribe them without telling patients about certain side effects or risks associated with taking them in certain combinations with other medications or substances like alcohol or tobacco smoke).
The failure to warn defect can also come into play if the manufacturer does not warn consumers about possible dangers associated with their products.
For example, if a company sells a toy for children that contains small parts and does not place a warning on the packaging saying so, they could be held liable for any injuries or deaths that occur because of children swallowing or choking on those parts.
The Product Defect Resulted In Your Injury
First, you must prove that there was a defect in the product which led to your injury. In order to do this, you must show that:
- The product had an unreasonably dangerous condition when used in a way intended or anticipated by the manufacturer or seller.
- You were using the item as intended or anticipated at the time of injury (this means using it in a manner consistent with how it was marketed)
To learn other ways to prove your case read, 9 Ways To Make A Judge Rule In Your Favor.
You Used the Product as Intended
In other words, if a consumer bought a chair and used it to sit on while watching TV, then they would have been using the chair as intended by its manufacturer.
This means that you were using the product for its intended purpose and not for some other purpose. For example, if you had a television and it broke, you could not sue the manufacturer because you did not use the television for its intended purpose of watching movies or TV shows.
If, however, your television broke when someone threw a football at it, then you could probably sue the manufacturer because this was not an intended use of the television.
Final Thoughts on Ways to Prove Product Liability
There are many different types of evidence that can be used to prove product liability. Still, it’s important to have a strong understanding of all the different types of evidence, as well as how they relate to each other before you begin any litigation.
We know that product liability cases can be scary. They’re complicated, they’re messy, and they’re stressful. But you don’t have to go through it alone.
If you or a loved one have experienced an injury caused by a defective product, it’s important to know that you have the right to seek justice.
Author bio-
Barbara Parson works at Los Angeles Product Liability. She has been involved with personal injury and burn injury lawsuits for the past twelve years and wants to share her knowledge with others.