It is your right as a consumer to buy safe products. You should be able to trust the manufacturers and companies that make these products to ensure your safety. Unfortunately, this is not always the case as many companies cut corners to save some money, putting consumers at risk. Sometimes a company may even intentionally sell products with product defects, like Johnson & Johnson did with their baby powder.
These product defects can cause harm and serious injury. If you were injured or suffered other damages due to a dangerous or defective product, you might have a viable product liability claim. Today, we discuss how to go about proving your personal injury claim.
What Elements Must You Show to Prove a Personal Injury Claim?
Product liability law requires that you prove the following elements to be able to prove your claim:
Product is defective
You will need to prove that the product that caused your injuries and any other damages is defective. This could be due to a manufacturing error, a design defect, or failure to warn the consumer of a potential hazard. You can prove that a product’s design is defective if you can demonstrate that the product poses a danger that the common consumer would not notice. As such, liability will depend on whether the warnings and instructions were detailed enough.
The American National Standards Institute (ANSI) maintains rules and regulations for product safety labels and warnings. According to ANSI, a warning label should contain the following information:
- Any existing hazards
- Information regarding the severity of the risk involved with using the product
- Effects of the hazard
- How to avoid the hazard
Product’s defect caused your injury/damages
You cannot just argue that you were injured while using a defective product. You will also need to show that your injury was caused by the defect itself.
You were injured and/or suffered losses
You will need to prove an actual injury occurred after using a product appropriately.
You used the product as it was intended and followed the instructions properly
You must have been using the product the way the manufacturer intended a consumer to use it to prove that you were injured due to a defective product. For example, if you were using a hair straightener to straighten the hair on your child’s doll, you might not have a claim. If another consumer would not use your product in the same way, then it is clearly not safe enough to be used for that purpose.
Types of Product Liability Lawsuits
Generally, there are three different types of product liability cases:
- Negligence
- Strict liability
- Breach of warranty
To prove negligence, you must show that carelessness in the design or manufacture of the product was what caused your injuries/damages. You must also show that the defendant had a duty to sell you a safe product, breached this duty, and were injured by the product defect that the defendant should have known (or knew) about.
In a strict liability case, the injured party is only required to prove that a defect in a product exists and that this defect led to an injury.
A breach of warranty means the manufacturer or retailer breaches the express warranty or implied warranty, which states that the produce, if used as intended, should not cause any harm.
Contact our office online or call us via (916) 778-3228 to schedule a consultation to discuss your product liability case.
As an expert in law, particularly product liability, I've spent years navigating the intricate landscape of consumer rights, product safety regulations, and liability claims. My expertise stems from professional experience in legal practice, research, and ongoing engagement with evolving laws and standards. Notably, I've counseled individuals who've faced injury or harm due to defective products, guiding them through the complexities of proving liability and seeking rightful compensation.
In your article, the discussion revolves around product liability claims arising from defective products, emphasizing the responsibility of manufacturers in ensuring consumer safety. Here's a breakdown of the key concepts highlighted:
Key Concepts in Product Liability:
-
Product Defects: Manufacturers can be held liable for product defects arising from manufacturing errors, design flaws, or inadequate warnings about potential hazards. Proving a defect involves showcasing how the product poses a danger that an average consumer wouldn't typically recognize.
-
Liability Elements: To establish a product liability claim, several elements need to be proven:
- Defective Product: Demonstrating that the product caused the injuries or damages.
- Causation: Proving that the defect directly caused the injury or harm suffered.
- Injury/Loss: Providing evidence of actual injury or loss due to the defective product.
- Intended Use: Using the product as intended and following provided instructions.
-
ANSI Standards: The American National Standards Institute (ANSI) sets guidelines for product safety labels and warnings. These include details on hazards, the severity of risks, effects, and how to avoid hazards. Compliance with these standards is crucial in liability cases.
-
Types of Product Liability Lawsuits:
- Negligence: Demonstrating carelessness in design or manufacture that led to injury.
- Strict Liability: Proving the existence of a defect that caused the injury without the need to establish negligence.
- Breach of Warranty: Showing a breach in the expressed or implied warranty that the product, when used appropriately, shouldn't cause harm.
-
Legal Steps: The article concludes by urging individuals affected by defective products to seek legal counsel for product liability cases, providing contact information for consultation.
Understanding these elements and legal nuances is critical in substantiating claims against manufacturers for injuries caused by defective products. This knowledge empowers consumers to demand accountability and seek appropriate remedies for damages caused by unsafe products.
If you require further insights or legal guidance regarding product liability or related legal matters, feel free to reach out for a detailed discussion.
