How to Establish Liability in Product Liability Cases

Product liability is viewed as a type of personal injury claim. During such a case, the injured party usually seeks compensation from any or all of the parties that were involved in the manufacture, distribution, and/or sale of a product that caused them harm.

A product can be deemed dangerous due to a design flaw and resulting manufacturing defect that makes the item a risk to consumer safety. However, not all danger comes from flawed products. Improper user instructions or a lack of warning labels on potentially dangerous products can also cause serious harm.

Establishing Liability

If you’ve experienced injury or loss because of a product, you may be able to recoup damages in court. To establish liability, you must gather as much evidence as you can to prove, among other things, that the product is defective and unreasonably dangerous and that it was the cause of your injury. For example, you can use the product’s design and manufacturing documentation to show that the item in question deviates from the norm. You can also provide medical records and testimony to prove that your injury was a direct result of using the product.

How to Establish Liability in Product Liability Cases

Essentially, you need enough evidence to prove there was an injury or death caused by the defective and unreasonably dangerous product. You must also establish that a defect or lack of manufacturer or seller information caused the injury and losses. You must also typically show that you used the product in a reasonable manner. Most product liability cases require evidence and testimony from experts who are knowledgeable about the specific injury-causing product or components thereof. Sometimes product liability cases will require many different experts to explain the issues to a jury.

Contact Whalen Injury Lawyers

Proving liability in product liability cases can be difficult and expensive. Since most parties involved in the chain of manufacture, distribution, or sale of a defective product might resist your claim, it is essential to consult with an attorney or law firm that is experienced in product liability cases. They can tailor a legal strategy unique to your case to give you a greater chance of recovering compensation owed to you. Because the laws and standards applicable to product liability cases can be difficult to understand and apply, call Whalen Injury Lawyers for a free consultation about your product liability claim.

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