Do You Have a Product Liability Case?

If you were injured as a result of using a product in accordance with the safety instructions provided, you may have a product liability case. Since there is usually no direct contract between the purchaser and manufacturer, most product liability claims are found to result from negligence.

In order to succeed in a negligence action, your lawyer will need to prove negligence of the defendant(s). This is usually the manufacturer and may also include another party who warrantied the product. To prove negligence, the lawyer must establish that the defendant owed a duty of care to you, that the defendant breached the requisite standard of care associated with the duty, and that the defendant’s breach caused your damages.

Successful product liability cases typically establish that the manufacturer:

• Was negligent in the design of product
• Was negligent in the manufacture of the product or
• Failed to warn of a danger associated with the product