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How do you prove a product liability claim? Under product liability law, you must show:
Injury or loss. One of the most critical elements of a product liability claim is that a person has suffered an actual injury or monetary damages. Without either of those, there will be practical issues and challenges for both the attorney and client in pursuing such a legal cases.
Product defect. You also have to prove that the product that caused you injury or damage was defective. Types of defects include products that have been manufactured or designed improperly, as well as products that do not carry the proper warning labels or instructions for use.
Your injury was caused by the product defect. It must be proven that the actual defect in the product caused your injury or loss, not just the product itself.
You used the product correctly. You must have used the product as the manufacturer specified it to be used. However, this does not necessarily mean you must have used the product exactly as specified. If it is reasonable to expect that a consumer would use it in the same way you did, a manufacturer will likely be held liable.
If you or a member of your family have been injured or suffered a loss due to a defective product, it can be quite difficult to deal with the complexities and legal issues surrounding a Florida products liability case. It is often times helpful to have legal representation through a Florida Personal Injury Attorney on products liability cases that cause serious personal injury or wrongful death.