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What Consumers Need to Prove to Win a Product Liability Case

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In today’s market, consumers purchase countless products with the expectation that they are safe and effective. However, when a product fails and causes harm, it can lead to significant physical, emotional, and financial burdens. Winning a product liability case requires consumers to prove specific elements to hold manufacturers or sellers accountable. To successfully claim compensation, it’s crucial to understand what needs to be established in a court of law.

At McPherson & Thomas, we understand the challenges consumers face when dealing with defective products. Our team is dedicated to helping clients navigate the complexities of product liability cases. With our skills, we can provide the guidance and representation needed to pursue justice and obtain fair compensation for your injuries.

Understanding Product Defects

The cornerstone of a product liability case is proving the product was defective. There are three primary types of defects: design defects, manufacturing defects, and marketing defects (failure to warn). A design defect exists when a product is inherently dangerous due to its design, even if manufactured correctly. For instance, a car model prone to rollovers may be deemed to have a design defect.

Manufacturing defects occur during the production process. These defects are present when a product deviates from its intended design, making it more dangerous. An example is a batch of medication contaminated during production, posing health risks to consumers. Lastly, marketing defects involve inadequate instructions or warnings about the product’s proper use. If a product lacks necessary safety warnings, and this leads to injury, it may constitute a marketing defect.

To build a strong case, it’s vital to identify which type of defect caused the injury. This requires a thorough examination and often expert analysis to demonstrate that the defect existed and directly led to harm.

Proving Causation and Harm

Beyond establishing the defect, consumers must prove the defect directly caused their injury. This is known as causation. Simply showing that a product was defective isn’t enough; there must be a clear link between the defect and the injury sustained. For example, if a defective airbag fails to deploy in a car crash, causing severe injuries, it must be shown that the defect was the reason for the injuries, not some other factor.

Documenting the extent of harm caused by the defective product is also critical. Medical records, photographs of injuries, and expert testimonies are crucial pieces of evidence. The more detailed and comprehensive the documentation, the stronger the case will be. In addition, it’s important to consider both physical injuries and emotional distress when calculating the impact of the defect.

Economic losses such as medical expenses, lost wages, and other financial burdens resulting from the injury must also be proven. This involves presenting detailed records of medical bills, pay stubs, and any other financial documents that support the claim for compensation.

The Role of Negligence and Strict Liability

In product liability cases, consumers may pursue claims under theories of negligence or strict liability. Negligence involves proving that the manufacturer or seller failed to exercise reasonable care in the design, production, or marketing of the product. This could mean showing that safety testing was inadequate or that the company ignored known risks associated with the product.

Strict liability, on the other hand, does not require proving negligence. Instead, it focuses solely on the defective nature of the product and the harm caused. Under strict liability, a manufacturer or seller can be held accountable if it’s shown that the product was defective and caused injury, regardless of the level of care taken during its creation and sale.

Choosing the right legal theory depends on the specifics of the case. Both approaches have their merits, and in some instances, it may be beneficial to argue both theories to cover all bases.

Why Choose McPherson & Thomas for Your Product Liability Case?

At McPherson & Thomas, we pride ourselves on providing personalized service to our clients. Our dedicated team offers a 60-day satisfaction guarantee, allowing you to switch attorneys without penalty if you’re not satisfied with our service. We believe in building strong attorney-client relationships and treat every client with the attention and respect they deserve.

With over 26 years of experience and a strong background in both legal and medical fields, our team is uniquely qualified to handle complex product liability cases. We will work tirelessly to help you receive the compensation you deserve. Contact us today for a free consultation, and let us help you through this challenging time. Call us at (727) 848-8892 or fill out our contact form.

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