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What are the requirements for a successful product liability claim?
This will vary with the state in which you live. Generally, product defect cases are based on strict liability, rather than negligence. This means that it is not necessary to prove "fault" on the part of the defendant, but to be successful your attorney must prove:
(1) the product was "unreasonably dangerous" or "defective";
(2) you were injured from use of the defective product; and
(3) the injury was caused by the defect in the product.
Many states require that to win it is necessary to prove both that the product was defective, and that it was also "unreasonably dangerous," which means that the product was dangerous to an extent beyond that which would be contemplated by an ordinary consumer.
The law recognizes that many products are dangerous, and that consumers should know that the product is dangerous when they purchase it (for example, guns, knives, power tools, etc.). However, if a consumer uses a defective product in a manner that an "ordinary consumer" would (even if it is not the intended use of the product), and is injured as a result, then a valid case may exist.
All jurisdictions require a connection between the product defect and the injury. You may not have a case if you are injured by a defective product if the injury was not caused by the defect. This is an argument you should expect if you pursue a product defect case. Many product liability cases turn on a "battle of the experts," where both plaintiff and defendant use expert testimony to establish or deny a link between an alleged defect and an injury.
An experienced product liability attorney can advise you about the potential success of your case, and how the manufacturer and other defendants are likely to try to get out of liability. |
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