In today’s consumer-driven society, people rely on products to enhance their lives.
However, when a product malfunctions due to a manufacturer defect, it can lead to severe injuries, prompting individuals to seek compensation through product liability claims. To receive compensation, a person needs a solid case.
1. Identification of defect
The first step in a product liability claim is establishing that a defect exists. This requires a clear identification of the flaw that led to the injury. Whether it is a design flaw, manufacturing error or inadequate warnings, pinpointing the defect is necessary for building a solid case.
2. Proof of injury
To succeed in a product liability claim, the injured party must provide evidence of the harm suffered. Medical records, photographs and expert testimonies play a key role in substantiating the extent and severity of the injuries caused by the defective product.
3. Causation link
Establishing a direct link between the identified defect and the resulting injury is necessary. This involves demonstrating that the defect was the direct cause of the harm, ruling out other possible explanations. A clear and convincing causation link strengthens the validity of the product liability claim.
4. Foreseeability of risk
In product liability claims, it is important to show that the manufacturer could have reasonably foreseen the risk associated with the defect. This involves evaluating whether the potential danger was evident during the design or manufacturing process and whether the company took adequate measures to mitigate the risk.
While one does not expect a product to cause a severe injury, it happens more than people may think. In 2022, 12.7 million people sought emergency medical treatment for injuries resulting from consumer products, a 7.8% increase from 2021.