Defective Product Cases – Proving Liability

Four elements you must prove in order to win your case:

• You were injured or suffered losses
• The product is defective
• The defect caused your injury
• You were using the product as it was intended

Breaking down each of the above…

You were injured or suffered losses

• Without an actual injury or monetary losses (damages), you are missing a crucial element of a product liability claim. E.g., your brand new Keurig explodes the first time you use it because of a malfunction. Luckily, you were not close enough to the Keurig to suffer an injury. Though the malfunction explosion almost caused an injury to yourself or any bystanders, you do not have a claim due to no injury. You can, however, contact the company for a replacement or refund.

The product is defective

• In order to win the claim, you must prove the product that injured you is defective. Was it a manufacturing error? A design defect? Is the product unreasonably dangerous? These questions that arise are key towards winning your case.

The defect caused your injury

• By simply arguing that you were injured while using the defective product is not enough to win you the case. You must demonstrate that your injury was caused by the defect itself. E.g., you are injured in a car accident driving around a corner in a vehicle known for flipping over while turning corners. The car manufacturer will point out your reckless driving as the cause of the accident, not the design of the vehicle.

You were using the product as it was intended

• In order to win your claim, you must have been using the product to the manufacturer’s discretion of how the product should be used.