A product liability claim stems from a defective product that causes you some sort of financial loss or injury. These claims, while common, can be difficult to win. You need a lot of information and evidence to provide the court if you want to win such a claim. Aside from evidence, there are some other important things you will need to win a product liability claim. Our California product liability lawyer has the answer to this question so you can prepare for a product liability claim.
You Incurred Losses or Suffered Injury
The most important requirement for a successful product liability claim is that you incurred losses or suffered an injury. You won’t have a claim if neither of these is present. Most product liability claims will involve both of these issues since the injury costs money to treat and it could possibly cause you to miss time at work.
You will be required to provide proof that you suffered financial loss and/or injury due to the defective product. This proof could include medical records, affidavits from your doctor, receipts for care, and any other documentation that can aid in your claim for compensation.
The Product You Used Was Defective
You will also need to prove that the product you used was defective. This all comes down to being able to show that there was an issue with the manufacturing of the product, which is what likely led to the product failing to work the way it was intended.
Aside from a manufacturing defect, you could also argue that there was a defect in the design of the product that caused you a financial loss or injury. This argument is very difficult to prove because you are essentially saying that the product was manufactured fine but the design was flawed.
A third option here is to prove that there was a failure to warn consumers about the product, which could cause dangers when used. This most notably occurs when the dangerous design of the product is not known or obvious to you, the consumer.
The Defect Had to Have Caused the Injury
Another requirement in a product liability claim is that the defect had to have caused the injury. You cannot simply state that you were injured by the product. You have to find a way to prove that when using the product, a flaw in it somewhere caused your injury. This can be very easy in some instances and downright impossible in others.
You Used the Product Correctly
A large number of product liability claims fail because it is discovered that the injured person was not using the product as it was intended. Your claim should be successful if you succeed in the steps mentioned earlier and if you used the product correctly. For argument’s sake, the use of the product had to be somewhat in line with how the manufacturer intended it to be used.