Q What Do You Need to Prove in a Product Liability Case?
If you've sustained an injury or suffered other damages while using a malfunctioning product you might be wondering if you have a product liability claim. There are several elements you'll have to prove in order to win your claim.
First, you must prove you were injured or suffered some form of loss. This one is pretty straightforward and shouldn't be difficult to document. If you were injured, you should have medical records to corroborate your injury. Suffering property loss is also fairly easy to document with photos.
You'll also need to prove the product was defective, either because of a manufacturing flaw or a design defect.
A manufacturing flaw means the flaw in the product happened during the manufacturing process. This flaw might affect your item alone, or a few in a batch.
A design defect, on the other hand, claims there is a problem in the basic design of the product. This would encompass every single piece ever made. Design flaws are sometimes harder to prove than manufacturing flaws.
You'll also need evidence the defect caused your injuries or whatever losses you incurred, and that you were using the product in the way it was intended to be used.
Because every case is different and there are subtle nuances from state to state, if you're injured by a defective product it's best to consult a product liability lawyer to discuss the details of your case. Call us today at 816-842-7100 to speak with an attorney that will fight to get you the compensation you deserve. Or you can click here to email us and schedule your free consultation.