Proving Fault in a Product Liability Case

Posted By Boohoff Law, P.A. || 14-Nov-2013

Recovering compensation after an injury due to a dangerous product can prove to be simpler than many other accidents. There are strict rules in place for product liability and you can recover damages from the responsible parties. There are several ways to pursue compensation, whether it is due to negligence, a breach of warranty or strict liability, our firm can help. Strict liability is a complex matter, but the only evidence necessary for this case is that:

  • You suffered an injury
  • There was a defect in your product
  • The defect caused your injury directly

You do not need to hassle with proving any type of negligence or fault of the manufacturer or designer of the product. In these cases, simply making the product available to customers puts them responsible for defects and injuries.

Negligence is another way to show fault in a product liability case. This type of case requires more evidence and steps than a strict liability case. When proving negligence, you will need to show all of the following:

  1. The defendant had a duty of care owed to the plaintiff
  2. There was a breach in the duty of care by the defendant
  3. The breach resulted in an injury to the plaintiff
  4. There is a causal relationship between the breach and the harm to the plaintiff

If the manufacturer or seller did not act negligently or breach a duty of care, you can pursue compensation through a breach of warranty or some kind of deceit. If you have suffered an injury, obtain legal representation from a Brandon injury lawyer. You need to have experience when pursing compensation for your injuries due to the defective product. Let Boohoff Law, P.A. assist you in putting together your case and recovering damages for your injuries. We offer a free case evaluation so contact us now to get started!

Categories: Product Liability