Proving a Product Liability Case

When products don’t work as expected it can result in a minor frustration at best, or catastrophic injuries — or even death — at worst.

Product liability claims allow injured parties to seek compensation for harm caused by defective items, from household appliances to complex machinery. However, proving a product liability claim involves navigating intricate legal processes and establishing fault among various potential parties, from manufacturers to retailers.

Here we’ll seek to help you understand the key elements involved in proving a product liability claim and securing fair compensation while discussing some of the legal nuances you’ll need to keep in mind as your case progresses.

Understanding Product Liability Law

Product liability law holds manufacturers, distributors, suppliers, and retailers responsible for putting defective products into consumers’ hands. Unlike general personal injury claims, product liability does not necessarily require the injured party to prove negligence. Instead, it focuses on holding any party in the product’s supply chain strictly liable for damages if the product is defective and causes harm.

Under product liability law, plaintiffs can pursue claims based on three main types of product defects. Each type has distinct requirements, and identifying the specific defect is essential to building a strong case.

Design Defects

Design defects exist when a product’s blueprint or design is inherently dangerous, even if manufactured perfectly. For example, if a car model is prone to flipping over because of its high center of gravity, that could constitute a design defect. To prove a design defect, the plaintiff must show that the product’s risks outweighed its utility and that a safer alternative design was feasible.

Manufacturing Defects

Manufacturing defects occur when a product is improperly manufactured or deviates from its intended design, making it dangerous to use. This defect affects only some of the products within a line, not the entire model. For instance, if a batch of airbags was improperly assembled and fails to deploy during accidents, those airbags would have a manufacturing defect. To prove this type of defect, plaintiffs typically need to demonstrate that the product deviated from its intended design or standard manufacturing processes.

Marketing Defects or ‘Failure to Warn’

Marketing defects arise when a product lacks adequate instructions or warnings about potential dangers. These defects may not be visible, yet they pose significant risks to users. For example, a medication without a warning about side effects could be considered defective. In a failure-to-warn claim, the plaintiff must prove that the manufacturer knew or should have known about potential risks and failed to provide adequate warnings to users.

Understanding which defect applies is critical because it dictates the legal arguments and evidence required in the case. Consulting with a product liability attorney helps identify the defect type and the necessary approach to hold responsible parties accountable.

Key Elements of a Product Liability Claim

To establish a successful product liability claim, the plaintiff must prove several essential elements. Each element serves as a foundation for building a case, and meeting the burden of proof requires careful documentation and, in some cases, expert testimony.

Establishing the Existence of a Defect

The core of any product liability claim is the defect itself. Without proving that a product is defective, there is no basis for holding a party liable. Evidence can include product documentation, photographs, videos, and expert testimony. An expert witness may examine the product to confirm the presence of a design, manufacturing, or marketing defect.

For example, a car accident victim who believes their injuries were caused by faulty brakes would need an expert’s report detailing how the brake system was defective. This analysis forms the backbone of the claim, demonstrating that the product failed in a manner inconsistent with its intended function.

Proving the Product Was Used as Intended

A critical factor in product liability cases is showing that the plaintiff used the product as intended or in a reasonably foreseeable manner. If the injured party used the product in an unconventional or unexpected way, the defense may argue that this misuse, rather than any defect, caused the injury.

For instance, using a power drill to open a sealed can would be considered a misuse and could undermine a claim. However, using the same drill as instructed in the manual and sustaining an injury from a defectively designed or manufactured part would support a valid claim. Demonstrating proper use of the product is essential to establishing that the defect, not user error, caused the injury.

Demonstrating Causation

Proving causation requires the plaintiff to show that the defect directly caused their injury. This element is often the most challenging, as the defense may argue that other factors, such as pre-existing conditions or user error, contributed to the injury.

Causation is usually established through medical records, eyewitness testimony, or expert analysis. For instance, if a plaintiff was injured by a lawn mower due to a malfunctioning blade, their attorney might use expert testimony to show that the defect was the sole cause of the injury and not improper handling.

Documenting Damages

A successful product liability claim requires proving damages, which can include medical expenses, lost wages, pain and suffering, and property damage. Documenting damages involves gathering all relevant records and receipts to show the financial and personal impact of the injury. Medical records, bills, and proof of income loss will demonstrate economic damages, while statements from mental health professionals may support claims for pain and suffering.

Gathering Evidence for a Product Liability Claim

Evidence is crucial for substantiating a product liability claim. Plaintiffs should aim to collect as much information as possible to support each element of the case. Some key types of evidence in product liability cases include:

• The Defective Product: Keep the product in its post-incident condition. Altering or repairing it could compromise the case.
• Photographic Evidence: Take photos of the product defect, injury, and accident scene.
• Medical Records: Detailed medical records document the injury’s impact on your health and link it to the defective product.
• Witness Statements: Statements from anyone who saw the incident can provide unbiased testimony on the circumstances.
• Product Packaging and Instructions: These can support failure-to-warn claims by showing inadequate warnings or instructions.
• Purchase Documentation: Receipts, invoices, or warranties prove ownership and purchase date, establishing that the product was in your possession.

Securing this evidence strengthens your case by creating a comprehensive account of the defect and the resulting injury.

Establishing Liability in Product Liability Cases

Product liability claims can involve multiple parties, including manufacturers, distributors, retailers, and component suppliers. Identifying which party is responsible for the defect often requires tracing the product’s path from design to distribution. Liability may fall on one or more of the following parties:

Manufacturers

Manufacturers bear primary responsibility for ensuring that products are safe. If the defect stems from a design flaw or improper manufacturing process, the manufacturer is typically held liable. In cases involving complex products, such as automobiles, liability may be distributed among multiple manufacturers responsible for different components.

Distributors

Distributors act as intermediaries, moving products from manufacturers to retailers. If a distributor fails to handle or store products correctly, leading to a defect, they can be held liable. For example, a distributor that stores electronic devices in a humid environment, resulting in water damage, could face liability if this damage leads to injuries.

Retailers

Retailers are responsible for ensuring the products they sell meet safety standards. Even if a retailer didn’t manufacture the product, they could be held liable for selling defective items. Retailers may also have a duty to provide adequate warnings or instructions for safe use, especially if the product’s hazards are not obvious.

Component Suppliers

In cases where only part of a product is defective, the supplier of that component might be liable. For example, if a faulty battery in a laptop explodes, the battery supplier could be held responsible for any resulting injuries. Proving liability in these cases often requires detailed knowledge of the product’s manufacturing process, so plaintiffs benefit from legal counsel skilled in investigating complex supply chains.

Legal Theories in Product Liability Claims

Plaintiffs can pursue product liability claims under different legal theories, each of which has distinct requirements for proving liability. The most common theories include strict liability, negligence, breach of warranty, and, in rare cases, fraud.

Strict Liability

Strict liability claims focus on the defect itself rather than the conduct of the defendant. Under strict liability, plaintiffs only need to prove that the product was defective and caused harm when used as intended. This standard simplifies the plaintiff’s burden, making it the preferred approach in many product liability cases.

Negligence

Negligence claims require the plaintiff to prove that the defendant failed to exercise reasonable care in designing, manufacturing, or warning about the product’s risks. This theory focuses on the defendant’s conduct, so plaintiffs must show that the defendant’s actions were unreasonable and led to the defect.

Breach of Warranty

Product warranties create a contractual obligation for the manufacturer or seller to provide a safe, functional product. If a product does not meet these expectations, the plaintiff can file a claim for breach of warranty. Warranties can be express — or stated directly by the manufacturer or seller — or implied — assumed under consumer protection laws.

Fraud

Fraud claims are rare in product liability but apply when a manufacturer or seller knowingly misrepresents a product’s safety. To succeed in a fraud claim, the plaintiff must prove that the defendant knowingly provided false information about the product’s safety and that this deception led to the plaintiff’s injury.

The Role of Expert Witnesses

Expert witnesses often play a vital role in product liability cases. Product defects can be highly technical, requiring specialized knowledge to explain how and why a product failed. Expert witnesses, such as engineers or medical professionals, can provide valuable testimony on several fronts:

• Product Defects: Experts analyze the product to determine if it deviates from design standards or industry safety guidelines.
• Causation: Medical experts link the injury to the product defect, supporting the claim that the product caused the harm.
• Alternative Design: In design defect cases, engineering experts can testify about safer, feasible design alternatives, strengthening the plaintiff’s argument.

Expert witnesses bolster the credibility of a claim and can often make or break the case’s outcome.

Challenges in Product Liability Cases

Product liability cases are complex and often contested, with defendants vigorously defending against claims to protect their brand and financial interests. Common challenges include:

• Proving Causation: Defendants may argue that the injury resulted from misuse or other factors unrelated to the defect.
• Multiple Defendants: Identifying the liable party in a complex supply chain can be difficult, especially when the defect involves components from different manufacturers.
• Statute of Limitations: Product liability cases are subject to a statute of limitations, and missing the deadline can bar the claim. Acting quickly is essential to preserve your rights.

Despite these challenges, a well-prepared case backed by solid evidence and expert testimony can significantly improve the chances of success.

Building a Strong Product Liability Case

Product liability cases require a thorough understanding of defects, liability, and legal standards. From preserving the defective product to gathering expert testimony, each step is essential for building a compelling case. If you or a loved one has been injured by a defective product, consulting an experienced product liability attorney can make all the difference.

At Nix Patterson, our attorneys specialize in complex product liability claims. We handle all litigation expenses upfront, so you never have to pay out-of-pocket, even for expert witnesses. Contact us online today or give us a call at 512-328-5333 in Texas or New Mexico, or 405-925-2187 in Oklahoma, for a complimentary consultation. Let us help you navigate the path to justice and fair compensation.