Types of Proof Needed for a Product Liability Claim
After you’ve filed your liability within state’s limitations period, your personal injury attorney will need to prove negligence or fault using all the gathered evidence available. There are several additional elements that will help your legal team win the compensation you deserve:
Duty
Manufacturers must always show dutifulness to safety when designing, building and distributing their products. This means that product testing and government approval should have taken place during the manufacturing process of the goods that harmed you.
Breach of Duty
This occurs when a company creates a product without following outline safety protocols or standards and jeopardizes the safety of consumers using it.
Causation
By making the mistake of causing or contributing to a breach of duty that harmed a customer, the company is liable.
Damages
Your attorney must demonstrate that the victim suffered legitimate harm and has damages from the defective product worthy of compensation. This includes medical costs, pain and suffering, and lost wages.
Using a seasoned product liability lawyer to ensure your case meets the required burden of proof is essential when building a strong case against defective products. These causes are not necessary if the product liability laws don’t apply. Often, these types of cases do not demand proof of manufacturing negligence or duty breaches, so be sure to consult with an attorney before filing a case.