What is required in a Product Liability Case?

 

If you purchased a product from a retailer or manufacturer and then suffered damages to your property or yourself as a result of using the product you may have a product liability claim. Product liability cases fall under tort law and like in any other personal injury case the plaintiff must prove that damages were suffered and that the defendant is liable for these damages. Just as in any other personal injury case negligence is the question at hand, but how you prove negligence is becomes much trickier in a product liability case. These cases require the plaintiff be able to prove that the design of the product or the materials used to build the product were faulty. Many times in order to prove these cases experts must be brought in to provide alternative designs. 

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Although, product liability is falls under tort law, it is important that you don't just hire any personal injury attorney to handle your case. These cases are complex and usually require multiple experts and a trial to receive compensation. It is important to hire an attorney that has the resources and experience to build value in your case and get you the compensation you deserve. 

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Proving Negligence in Product Liability

 

Just in any other personal injury case it must be proven that the negligence of one party created damages suffered by another party. This negligence now makes the at fault party liable to pay for the damages suffered by the injured party. In product liability negligence can be hard to prove. There will not be a police report placing one party at fault and the manufacturer likely will not admit guilt due to a guilty conscience. Negligence must be proven by the plaintiff iin one of five ways 

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• design of the product

• selection of materials, such as a component that is bought from a seller and melded into the ultimate product

• the production process

• assembly and testing of a product

• placement of inadequate warnings, labels, directions, or instructions on a product's packaging, such that ordinary and average consumers and users are unaware of dangers or risks of harm associated with using the product

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The issue of negligence is crucial in any personal injury case but can be extremely hard to prove in a product liability case. Experts will likely have to be put on stand to prove an alternative design of the product. The attorneys at Seven Summits Law have the experience and resources needed to handle your case and make sure that you receive the compensation you deserve.