Elements of a Product Liability Claim

Product recall

Regarding personal injury cases, product liability claims can be particularly complex. If a defective product has injured you, you may be entitled to compensation for your damages. However, in order to successfully pursue a product liability claim, you must be able to prove that the manufacturer, distributor, or seller of the product was negligent in some way.  

Establishing Negligence In a Product Liability Claim

To establish negligence in a product liability claim, several key elements must be present. These include:

1. Duty: The defendant had a duty to exercise reasonable care in the design, manufacture, distribution, or sale of the product.

2. Breach: The defendant breached that duty by failing to exercise reasonable care in some way.

3. Causation: The defendant's breach of duty was the direct cause of the plaintiff's injuries.

4. Damages: The plaintiff suffered physical or financial harm as a result of the defendant's negligence.

Proving Negligence In a Product Liability Claim

Proving negligence in a product liability claim can be a complicated process, but there are steps you can take to increase your chances of success. Here are some tips to keep in mind:

1. Keep the product: If you have been injured by a defective product, it is important to keep the product in question. This can serve as evidence in your case and can help establish negligence on the part of the manufacturer, distributor, or seller.

2. Document your injuries: Be sure to keep detailed records of your injuries, including medical bills, doctor's notes, and photographs of your injuries. This can help demonstrate the extent of your damages and can be used to support your claim.

3. Consult an attorney right away: Product liability claims can be complex, and it is important to have an experienced attorney on your side. An attorney can help you navigate the legal process and can work to ensure that you receive the compensation you deserve. Sometimes, there are time limits that require you to notify an entity within a specific amount of time.  

Contact Our Attorneys at Bolt Law Firm

If a defective product has injured you, it is important to take action as soon as possible. By working with an experienced attorney and following these tips, you can increase your chances of success in your product liability claim. Contact us today. (763) 292-2102