If a person suffers physical or economic damages because of a consumer product, they may have a claim for product liability. In evaluating a claim and preparing a case, a Product Liability Attorney will use his or her knowledge of the law to gather evidence and prove the necessary elements.
The Elements of a Product Liability Claim
Although the specifics vary by jurisdiction, in most cases, product liability law requires victims to prove certain elements to win a claim.
An injury or loss occurred
The product has a defect
The defect was the cause of the injury
The product was used as intended
These elements are discussed in detail in the sections below.
Injury and Loss
While a near miss may be frightening, without a measurable monetary or physical loss, a critical element is missing from a product liability claim. For instance, if a dangerous teakettle almost causes a scald injury, the user has no claim because no damages occurred.
Product Defects
Clients and their lawyers must prove that the offending product is defective. Proving this element depends on the nature of the claim. However, a product liability attorney can easily prove that a product is defective.
Failed Warnings
A case is more likely to be successful if the Product Liability Attorney can show that the product’s design was defective in a way that wasn’t blatantly obvious. In these instances, a manufacturer’s liability may depend on whether the product’s instructions and warnings were sufficient.
Causation
It is insufficient to prove that a person was injured when using a defective product. Additionally, the client and attorney must show that the injury was directly caused by the product defect. In some instances, linking a defect to an injury is difficult, because the manufacturer could argue that the plaintiff’s actions contributed to the accident.
Using the Product As Intended
The client must have used the product according to its intended purpose. If an ordinary person would not have used the product in the same way as the client did, it’s unlikely that a defective product claim would succeed. Call the office or visit chrisrichardattorney.com today to schedule a consultation.
