It can be hard work to prove a product is defective. Defective products are extremely dangerous, resulting in thousands of injuries and product liability cases each year. If you think you might have a product liability case on your hands, it’s a good idea to familiarize yourself with what you and your attorney should be looking for while preparing your case. Generally, there are four main elements that must be proven in order to establish that a defective product is responsible for your injury or losses. You will have to prove that:
- You were injured or suffered damages.
- The product was defective.
- The defect caused your injury.
- You were using the product as intended.
Although the standards for each can be slightly different depending on your state, these are the major elements of product liability cases. In order to win, you’ll have to prove all four.
You were injured or suffered damages
A defective product can malfunction or break in many dangerous ways. However, when it comes to product liability cases, near-misses are not enough. You’ll have to prove that the product caused you tangible harm.
Keep in mind that bodily harm is not the only case-worthy injury. If a product defect damages your house, furniture, or anything else that you’ll have to pay to fix, then you still have a product liability case.
The product was defective
Of course, it’s important to prove that the product itself was defective. While this might seem straightforward, you can argue several different types of defects in court. Therefore, it’s a good idea to know which one applies to your specific case. These include:
- Manufacturing Error: A mistake was made in the manufacture of the product, which resulted in the defect.
- Design Defect: The design of the product was inherently flawed.
- Failure to Warn of a Hazard: The consumer was not properly warned of a danger posed by the product.
The defect caused your injury
Simply proving you were injured while using the product is not enough. To win your case, you’ll have to show that your injury occurred because you used the product. This may mean the manufacturer designed the product in such a way you could not avoid injury while using it or a defect caused the product to damage your home or belongings.
You were using the product as intended
This one might feel a little obvious. However, it’s important for your case that you prove you were using the product as designed. For example, you can see the importance of this element in product liability cases related to auto accidents. Although a particular car model might have a proven defect, if you were speeding or driving recklessly in the vehicle when the accident happened, the car company can argue that you were not using the product as intended. Additionally, they may state your own recklessness caused your injury rather than their poor product design.
Defending you against dangerously defective products
When companies put profits over product safety, the results can be disastrous. You don’t have to be alone in fighting deep-pocketed corporate entities. The Product Liability team at McCune Wright Arevalo, LLP, will evaluate your case to see how our resources can best benefit your unique circumstances. With over 30 years’ experience fighting for wronged consumers and millions recovered from careless corporations, we are confident we can secure justice for you.
If you were injured by a defective product, [xten_button]contact us[/xten_button] or call (909) 345-8110 today for a free consultation.