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Elements of a Product Liability Claim

Blogs from October, 2023

Product Liability Claim

Consumers rely on products to help us through our everyday tasks. Products are an integral part of our lives, from cleaning supplies to electronics. But what happens when a product fails, causing injury or damage? This is where product liability claims come into play. Product liability claims are a type of lawsuit that arises from a defective or dangerous product.

The Defective Product

The first element of a product liability claim is proving that the product in question was defective. This can be done in a few ways: manufacturing defects, design defects, or a failure to warn. A manufacturing defect is a mistake that occurs during manufacturing, resulting in a faulty product. On the other hand, a design defect refers to a flaw in the product's design that makes it inherently dangerous. Finally, a failure to warn occurs when the product's potential risks are not adequately communicated to the consumer.

The Injury or Damage

The second element of a product liability claim is proving that the defective product caused injury or damage. This means that the injury or damage would not have occurred if the product was not defective. It is important to note that the injury or damage can be physical, emotional, or financial. For example, a faulty electrical device that causes a house fire would be grounds for a product liability claim.

The Consumer's Use of the Product

The third element of a product liability claim is proving that the consumer used the product as intended. This means that the consumer did not misuse or alter the product in any way that could have contributed to the injury or damage. For example, if a consumer uses a hair straightener to iron clothes and causes a fire, the manufacturer may argue that the consumer misused the product.

The Manufacturer's Responsibility

A product liability claim's fourth and final element is proving that the manufacturer is responsible for the defective product. This means that the manufacturer knew or should have known that the product was bad but still released it to the public. It is important to note that manufacturers are legally obligated to ensure their products are safe for consumers.

Protecting Yourself as a Consumer

As a consumer, knowing your rights regarding product liability claims is important. Always read labels and warnings carefully, and follow instructions for use as intended. If you are injured or experience damage due to a defective product, seek medical attention and consult a product liability attorney. Keep all evidence, including receipts, packaging, and photos, as these can prove your claim.

Kent Product Liability Lawyer

Understanding the elements of a product liability claim is crucial to ensure a successful outcome. Contact Dore Law Group, PLLC today at (253) 236-3888 to schedule a consultation and let us fight for your rights.