What are the elements of a product liability claim?

In order to make a successful product liability claim in Oklahoma, there are four elements that must be proved: 1) The seller of the product had a duty to sell a safe and non-defective product; 2) The product was not safe and was in fact defective; 3) The product caused an injury to the person making the claim and; 4) The injury led to actual damages. The first element, that the seller had a duty to sell a safe and non-defective product, is generally proven by showing that the seller was a commercial seller of the product, such as a store, wholesaler or manufacturer. The second element, that the product was defective, can be proven in a number of ways, such as by showing that the product was designed defectively, was manufactured defectively or contained inadequate warnings or instructions. The third element, that the product caused an injury to the claimant, must be proved with evidence of causation. The claimant must show that the injury was caused by the product and not by something else. The fourth element, that the injury resulted in actual damages, must be proved with evidence of the damages incurred, such as medical expenses, lost wages or other financial losses. These elements must all be proven in order for the claimant to make a successful product liability claim in Oklahoma.

Related FAQs

What is a product liability warning label?
What is the burden of proof in a product liability case?
What is a breach of warranty defense?
What is a manufacturing defect?
What is a “fraudulent misrepresentation” defense to a product liability claim?
What is a “misuse” defense to a product liability claim?
What is the difference between a manufacturer’s defect and a design defect?
What is a “lack of causation” defense to a product liability claim?
What are the statutes of limitations governing product liability claims?
Is there a time limit for filing a product liability claim?

What are the elements of a product liability claim?

Related FAQs

Related Blog Posts