Common Elements of Products Liability Cases

Products liability law covers personal injury and property damage that occurs when a defective product is used. There are several elements that are common to products liability cases. First, an injured person must prove that the product was defective or harmful. Second, it is necessary to show that the product was defective when it was purchased or delivered. Third, the injured person must show that the defective product caused the injury or accident.

What Makes a Product Defective?

A product can be defective in its design or if it was improperly manufactured. Also, a product is considered defective if the manufacturer fails to provide adequate warnings about any dangers in using the product. Sometimes the plaintiff does not have evidence of a specific defect in the design or manufacture of the product. In that case, the plaintiff can show that the product malfunctioned or that it failed to perform as claimed by an express warranty (an oral or written promise). A manufacturer has a duty to provide reasonably safe products, and there is an implied warranty that a product is reasonably safe for its intended use. If not, the product is considered defective.

Was the Product Defective When It Was Purchased?

In addition to showing that the product was defective, the plaintiff must prove that the product was defective or dangerous when it left the manufacturer's control. If the defect occurred after the goods were sold or delivered, the manufacturer or seller would not be liable for any injuries caused by the product. If it has been a substantial period of time since the product left the manufacturer's hands, the plaintiff might have to show there were no intervening causes of the defect, such as mishandling or damage after delivery. However, if there has been prolonged use of the product, it might be more difficult to show that a defect existed at the time of the sale. A manufacturer cannot be held strictly liable merely because a product wears out over time. Finally, a plaintiff must prove that the product was not substantially altered after it was purchased.

Did the Defective Product Cause the Injury?

In order to recover in a products liability case, a plaintiff must show that a defect in the product caused his/her injury. In legal terms, the plaintiff must show that the defect was the proximate cause of his/her injury. Proximate cause is defined as the immediate act that resulted in the injury. There has to be a direct connection between the product defect and the injury.

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