Proving Fault in a Products Liability Lawsuit

Each year, thousands of Americans are seriously injured or killed while using defective products ranging from children’s toys and automobile parts to common household appliances and recreational equipment. Companies and retail stores that design, manufacture, advertise, or sell defective products posing unreasonable risks of injury to users can be held financially liable for injuries that occur under several legal theories.

Negligence

Manufacturers and sellers of defective products most often are held financially responsible for injuries suffered by uses of the products under a legal theory known as negligence. In order to prevail in court on a products liability claim under the negligence theory, an injured party typically must prove each of the following elements:

• The defendant owes a duty of care to the plaintiff to act as a reasonably prudent person under the same or similar circumstances;
• The defendant breached that duty by failing to act reasonably;
• The breach caused an injury to the plaintiff, and;
• There is a causal link between the defendant's breach of duty and the plaintiff’s injuries

Manufacturers of defective products may be financially liable for injuries to users under the negligence theory if they fail to adequately warn users of recognized risks of using the product or included warnings are too small or vague. Retail stores that sell defective products may be liable if they failed to warn purchasers of known risks of the products.

Strict Liability

In some cases, manufacturers may be held liable for injuries even if they acted reasonably in making, designing and selling the defective product. The mere fact that a product is defective and causes injuries is sufficient for an injured plaintiff to prevail in court on a strict liability theory. Manufacturers of “unreasonably dangerous products” are held to the strict liability standard and can be held liable for any injuries that occur as the result of using their products.
Product liability is a complex and vast area of law. Therefore, the best way to determine whether you have a legitimate product liability claim is to contact an experienced attorney as soon as possible after a product-related injury has occurred to evaluate your claim and discuss your legal rights.

Evidence in Product Liability Claims

In most product liability cases, the key piece of evidence is the defective product itself. By examining the product, experts may be able to determine what design or manufacturing defects caused the plaintiff’s injuries. It is therefore crucial to retain the allegedly defective product – or broken parts if the product was destroyed in the incident – after you have suffered an injury so that your attorney or others will have it available to inspect during the course of evaluating your legal rights.

In the event of a trial, expert testimony may be offered in your case to prove that the plaintiff's injuries resulted as a direct consequence of a defective product. The plaintiff, who in many product liability cases is a surviving relative of the deceased party, must present sufficient evidence in court to convince a judge or jury to rule in their favor, while a defendant can present their own evidence in response to the plaintiff’s allegations. A judge or jury will hear the evidence and issue a verdict in the case.

Contact a Product liability Attorney Today

To file a product liability claim or learn more about your legal rights, contact an experienced and knowledgeable product liability attorney today using out extensive directory. We can help you find an attorney serving your area.