To win a defective product case, claimants must prove they suffered damages as a direct result of a product defect. Several legal theories of liability may be used to prevail in a defective product case including the strict liability argument, the negligence argument, and the breach of express or implied warranty argument.
The strict liability argument involves the assertion that product manufacturers are held strictly liable for damages caused by manufacturing defects, design defects, a failure to warn, or inadequate instructions. That means the manufacturer can be held liable for damages even without a finding of negligence.
A product liability case may also be won by proving that the claimant’s damages were a direct result of negligence on the part of the product manufacturer, distributor, supplier, or another party who played a role in the development or distribution of the product. To prevail in a negligence claim, it must be shown that the defendant failed to exercise a level of care that a manufacturer, supplier, etc. of ordinary prudence would have exercised under the same circumstances.
A claimant in a product liability case may also prevail by proving a breach of express or implied warranty, meaning the product did not work as intended.
After proving liability, the claimant will have to demonstrate the types of damages incurred and their value. Important evidence of damages may include medical records, expert witness testimony, financial documentation, photos of injuries, receipts and invoices of injury-related expenses, and the victim’s personal injury journal.
