4 Elements You Need to Prove in a Product Liability Case
Product liability refers to a designer, manufacturer, or seller being held responsible for placing a defective product into the hands of consumers. Fortunately, consumers who fall victim to a product defect might be able to recover monetary damage, such as money to cover medical expenses, loss of income, as well as pain and suffering.
The following are four elements that a personal injury attorney must prove for a successful liability claim:
- There was an actual loss of property, injury, or death. According to the Arizona Legislature, the product must have been the direct cause of the loss of property, injury, or death. You and your attorney must provide evidence of injury, death, or property loss to demonstrate the existence of the defect, such as medical records, police reports, and eye witness testimonies.
- The product was defective. A personal injury lawyer must prove the existence of a defect. While obvious defects – such as a hole in a car’s airbags – can be easy to prove, you may not have grounds for a claim if the reasonable use of the product comes with dangers. For example, if you cut your hand with a knife, this does not necessarily mean that it was defective. In certain cases, however, a lack of instructions or safety warnings can justify a product liability claim.
- The defect causes your property loss or injury. An attorney must prove that your loss or injury was the direct result of the defective product.
- You used the product as a reasonable individual would have. However, if you did not use the product as the manufacturer intended, your claim may not be successful.
At Browne Law Group, we are committed to protecting the rights of our clients and pursuing the justice they deserve. Our Gilbert personal injury lawyer can thoroughly investigate your case and collect evidence necessary to develop an effective and personalized legal strategy and obtain the outcome you desire.
Contact us and schedule a free consultation today.