What You Have to Prove to Win a Product Liability Case

February 23, 2022

If you’ve been hurt by a defective or dangerous product, you have to prove that the product’s maker or seller should be made to pay for your injuries. Product liability laws vary from state to state, but essentially you have to prove the following:

  • You were injured or suffered damages. Just because a product is faulty or doesn’t work like you thought it would is not enough. It has to have actually caused some real loss or injury to you.
  • The product is defective, and the defect caused your injuries/damages. You’ll have to show the product had a design flaw or manufacturing error that caused an unreasonable danger that was not obvious to a consumer…and that it was the defect, not any negligence or recklessness on your part, that caused the injury/damage.
  • You were using the product as it was intended and weren’t given any reasonable warnings. You have to prove you weren’t using the product in some unwise or outlandish way, and that there were no “warning” or “caution” stickers or statements on the product, packaging or instruction manual.

If you’re injured by a product, don’t try to fix it, test it, or re-create what occurred. Keep the product “as is”; if it’s lost or altered from its original condition, that can make your claim harder to prove. If you don’t have possession of the product, a lawyer can help you make sure it’s preserved.

Call the Cochran Firm Mid-South to find out what your rights are in a product liability case. There are limits to how much time you have after an injury to file a lawsuit, so don’t delay. Call us for a free consultation at 901-523-1222. We’ll fight for you!

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