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What is necessary to prove product liability?

On Behalf of | May 19, 2021 | Products Liability

Consumers want to feel pleased about a product they purchase. Shoppers who discover that a product fails to deliver might temper their disapproval with a refund request. Others may find themselves in a New York civil courtroom filing a lawsuit after an injury. Sometimes, defective products lead to injury and subsequent litigation. Plaintiffs must prove certain elements when filing a product liability claim.

Proof of defective products

If someone purchases a sharp knife, grips it by the blade and suffers lacerations, a product liability lawsuit would likely go nowhere. Had the buyer used the knife correctly but the blade broke from the handle and caused injury, then a defective product claim may be possible.

Several elements must come together for a product liability case to have merit. The injured party must act reasonably, such as using a product in the intended manner and with an eye on safety. Proving breach of duty by the defendant, combined with a resulting injury or property damage and a link to the defendant’s breach of duty, sets a course for a liability case.

If the handle to the knife above presented shoddy construction and came loose, causing injury, the plaintiff may have a case. That’s one illustrative example of how product liability claims can have credibility.

Injuries and compensation

Someone who suffers an injury or property damage could seek compensation based on negligence. Often, the manufacturer is the negligent party, but others may face claims as well. Sellers, delivery services or others that contributed negligence might be named as defendants.

Product liability cases may end with an insurance settlement. Manufacturers and other commercial enterprises commonly carry liability insurance to protect their company’s assets, so the insurer might pay out the claim.

Anyone who suffers harm from a defective product could speak with an attorney about litigation or settlement negotiations. An attorney may advise on a course of action worth exploring.