Consumers use any number of products throughout their day and rely on their safety and protection. If one of those products injures you or causes other types of damages, you may have a defective product liability claim. Proving that a defective product caused your injury requires strong evidence alongside each step of a carefully constructed argument. You should understand exactly what your attorney needs to prove and what evidence he needs to secure your fair recovery.
Understanding the Three Types of Defective Product Claims
Defective product claims generally fall into three categories: defective manufacturing, a defective design, or failure to warn. Here is a brief look at these categories:
- Defective manufacturing. You need to show that the product was defective due to an error when it was being made.
- Defective design. Proof for this type of claim is harder to substantiate. If you believe the product was correctly manufactured but the overall design was flawed, you’ll need to show that the dangers and risks created by the design were unreasonable.
- Failure to warn. If you can show that the dangers and risks of the product aren’t apparent or obvious to the ordinary customer, you may have a case. Often, you can prove liability by showing that the instructions and warnings for the product weren’t sufficient for the average consumer.
Proving a Defective Product Case
If you make a defective product claim, there are four elements of your claim you must prove:
- You were using the product as intended. One key piece of information in a successful case is showing that you were not responsible for the product’s defect or your own injury.
- The product was defective. You must show that part of the process from design to manufacturing caused a defect in the product.
- You were injured or otherwise suffered harm. It’s crucial to show that not only were you injured, but that the harm in some way caused you financial or emotional loss—whether that’s due to lost wages, medical costs, or pain and suffering.
- The product’s defect caused you harm. Finally, your attorney must draw firm connections between the product’s defect and the cause of your injuries.
The Evidence You Need
If you can prove those four elements, you also need critical evidence to back them up. Certain kinds of evidence can support your case in varied, useful ways. Critical evidence can include:
- The defective product itself
- Evidence that the manufacturer had knowledge of the defect, such as emails or memos
- Medical bills and payroll records to account for your financial losses
- Photos and videos of injuries, the defect, or the incident
- Accident reports
- Bystander and expert witnesses
- Insurance documents, such as the policy
- Marketing materials
Our Defective Product Team Can Help
If you’ve been injured or suffered losses because of a defective product, it’s important to recover damages to move on with your life. The Holton Law Firm invites you to come in for a free consultation—during which we can answer your questions and review your case. Contact one of our representatives by starting a live, online chat today.