October 31, 2023
When it comes to holding manufacturers accountable for injuries caused by their products, it is important to establish a clear link between the product and the harm suffered.
In a product liability case, there are several ways to prove that a consumer product is to blame for your injuries.
1. Document the product defect
The first step in proving a product caused an injury is to identify and document the product defect. This can take various forms, such as design flaws, manufacturing errors, or inadequate warnings or instructions. Detailed records, photographs and expert analysis of the product’s shortcomings are all important in making your case. In some cases, the defect may be obvious, like a toy with sharp edges, while in others, it might require expert examination, such as a malfunctioning car component.
2. Establish causation
Once you identify a defect, you need to establish a clear link between the product defect and your injury. This requires expert testimony and medical records. Medical professionals can provide critical evidence, explaining how the product defect directly led to your injuries. Causation is an essential element in proving your case, as it connects the product’s defect to your specific harm.
3. Prove product misuse was not the cause
Manufacturers often argue that the injury resulted from the consumer’s misuse of their product. To counter this argument, you must demonstrate that you used the product as intended and in accordance with any provided instructions. Detailed documentation and testimonies from others who used the product in a similar manner can help establish this aspect of your case.
Although injuries from consumer products may seem a rare occurrence, 12.7 million people sought emergency care in 2022 due to a product. For some people, these types of injuries can lead to long-lasting consequences.
