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How to Prove a Product is Defective

Posted on August 13, 2023 in

Defective products are not uncommon, but not every faulty product causes harm to a consumer. However, there are times when defective products lead to major injuries or illnesses. Often, these injuries or illnesses lead to a product liability claim against a manufacturer, retailer, or distributor. However, these claims can be challenging, particularly when it comes to proving the product was defective.

What Makes a Product Liability Claim Viable?

When a possible product liability case arises, it needs to be examined by a competent attorney with experience handling these types of claims. Product liability cases are challenging, and there are typically four elements that must be reviewed and in place in order for a claim to be viable. These include:

  1. There was an injury, property damage, or death. The product in question must have been the direct cause of the loss of property, an injury, or a death. You and your product liability lawyer will have to show that the evidence substantiates these claims.
  2. The product was defective. A personal injury lawyer will have to show the existence of a product defect. Often, defects with certain products are obvious and can be easy to prove, but other defects may be more challenging to establish. For example, if an individual hurts themselves with a tool, that does not necessarily mean that the tool was defective. In some cases, however, improper instructions or safety warnings could justify a product liability claim.
  3. The product led to injury or property damage. An attorney will need to show that the injury, property damage, or loss of life was the direct result of the defective product.
  4. The product was used in the proper manner. Finally, individuals must show that they used the product as intended by the manufacturer.

Evidence Needed to Prove a Product is Faulty

In order to show all of the elements needed to successfully pursue a product liability claim, an attorney will need to gather a substantial amount of evidence related to the case. Not all product liability claims are exactly alike. In fact, every defective product claim must be thoroughly examined and investigated.

Some evidence that can help establish a product liability claim includes the following:

  • Proof that this product what company has a history of defects
  • Medical bills associated with the incident
  • Any police report related to the defective product claim
  • Eyewitness testimony
  • Company or manufacturer records

It may be necessary to work with trusted experts in the field related to the product in question so they can examine the product and determine whether or not a defect is present and/or likely caused the injury, property damage, or fatality.

We cannot stress enough the importance of working with a skilled product liability lawyer who has experience with these particular claims. It can be challenging when going up against companies, manufacturers, insurance carriers, and legal teams. However, the only way to ensure that companies uphold strict product quality standards is to hold them responsible when they cause harm to a consumer. Product liability victims may be able to recover compensation for their medical bills, lost income if they cannot work, property damage expenses, as well as a range of pain and suffering and loss of quality of life damages.