What must be proven in a product liability case?

What Must Be Proven In A Product Liability Case?

The manufacturer, the supplier, or the seller is strictly liable when an article he places on the market to be used without inspection for defects proves to have a defect that causes injury.

You can make a strict liability claim, without showing any carelessness on the part of the manufacturer or seller, if you can prove all three of the following conditions:

  1. The product did not perform as safely as an ordinary consumer would expect. The defect was either in the design of the product or in its manufacture;
  2. The defect caused an injury while the product was being used in a way that it was intended to be used or reasonably foreseeable to be used;
  3. The product was not substantially changed from the condition in which it was originally sold. "Substantially" means in a way that affects how the product performs.

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DISCLAIMER:  This article is not a substitute for legal advice and in no way constitutes legal advice or gives rise to an attorney-client relationship. Adequate counsel is fact-dependent and requires independent analysis and inquiry specific to your situation and circumstances. This article is simply meant as a guide to explain in general and brief terms certain issues and serves to provide general information. Contact John M. O’Brien & Associates at 916-714-8200 if you require legal help or wish to seek legal advice for your specific legal issue(s).