Elements of a Product Liability Claim
What is Negligence?
Negligence is when a person or company fails to act with reasonable care and causes harm to another person or property. In a product liability claim, negligence can be attributed to the manufacturer, distributor, or retailer of the product. To prove negligence, a plaintiff must prove that the product was defective and that the defect caused the injury.
Identifying Negligence in a Product Liability Claim
To identify negligence in a product liability claim, it’s important to understand the three types of product defects that may be present: design defects, manufacturing defects, and marketing defects.
Design Defects
Design defects are flaws in the design of the product that make it unsafe for consumers. This type of defect occurs when the product is designed in a way that makes it unreasonably dangerous.
Manufacturing Defects
Manufacturing defects are flaws in the production of the product that make it unsafe for consumers. This type of defect occurs when the product is not manufactured according to the design specifications.
Marketing Defects
Marketing defects are flaws in the labeling or instructions of the product that make it unsafe for consumers. This type of defect occurs when the product is not labeled or instructions are not provided in a way that makes it safe for consumers to use.
Proving Negligence in a Product Liability Claim
Once the type of defect has been identified, the plaintiff must then prove that the defect caused the injury. To do this, the plaintiff must prove that the product was unreasonably dangerous, that the defect was present at the time of purchase, and that the defect caused the injury.
Seeking Legal Assistance
When filing a product liability claim, it’s important to seek legal assistance from an experienced attorney. An experienced product liability attorney can help you identify and prove negligence, as well as ensure that you receive the compensation you deserve. At Boesen Law, our experienced attorneys are here to help you with your product liability claim. We understand the complexities of product liability law and will fight to get you the compensation you deserve. Contact us today to learn more about our services.
