Many times when someone experiences an injury due to any type of defective products (read more about product defect types here), they feel the only proof that is required is the defective product and proof of the injury. There are many ways to prove fault in a product liability case. By familiarizing yourself with the different types of legal theories in regards to product liability, you’ll be much more confident going forward with your case.
First theory to prove fault is by proving negligence of the manufacturer.
Here are the requirements that one must prove in order to use negligence as the basis of their claim:
- The manufacturer owed a duty of care to the plaintiff.
- The manufacturer breached that duty of care.
- Manufacturer’s product or conduct is most of the reason why plaintiff is injured.
Second theory is by using strict liability.
Under strict liability you won’t need to provide proof of negligence or “fault”. So understandably, it’s easy to “prove fault” since you DON’T need to prove fault. This theory makes the manufacturer at fault for making the product available to the consumer leaving them vulnerable to injury. The person who has manufactured the defective product that has caused injury is automatically assumed if the following requirements are met:
- Sold in an unreasonably dangerous condition
- The manufacturer knew that the product will reach consumer without changes
- Property was damaged due to defective product
Third theory is deceit.
If the manufacturer has given false or misleading information to the consumer, and as a result the consumer suffered an injury. By putting consumers at risk of danger knowingly for their personal gain, manufacturers are putting themselves at risk for a lawsuit using this as basis.
Fourth theory is breach of warranty.
In this case, the plaintiff must prove that the manufacturer has caused their injury due to stating that their product was free from defects without checking to see if it was really from defect. This is considered a broken contractual agreement. These two must be proved to fall under this case:
- A warranty applied to the product
- Failure to meet the warranty
There are many other complexities to providing fault in product liability cases. If you are dealing with a product liability claim you may want to call us at 317-672-0948. Lawyer William Riley knows all the answers and is happy to guide you through this complicated mess to provide you the recovery and compensation you deserve.