What is the burden of proof in a product liability case?

In a product liability case, the burden of proof is on the plaintiff to show that the product was unreasonably dangerous and caused the plaintiff’s injury. A plaintiff must prove that a design defect, manufacturing defect, or failure to provide sufficient warnings caused the harm. Under California law, product manufacturers and sellers must use ordinary or reasonable care in the design, manufacturing, packaging, labeling, and warning of their products. If a plaintiff can show that the product was defective and that the defect was the proximate cause of their injury, then they may be successful in their product liability case. In a strict product liability case, it is not necessary to prove that the manufacturer or seller was negligent; instead, the plaintiff must only prove that the product was dangerous and defective, and that the defect was the cause of the injury. The plaintiff may prove this by showing that the injury would not have occurred if the product had been reasonably fit for the intended use, that the product was made of unreasonably dangerous components, or that the manufacturer did not provide sufficient warnings or instructions. A plaintiff may also show that the product was designed in an unreasonably dangerous way or that the product was not manufactured in accordance with its design specifications. In any case, the burden of proof lies with the plaintiff to show that the product was indeed defective and that the defect caused the injury. Without proof of defective product, a plaintiff is unlikely to have a successful product liability case.

Related FAQs

What is an assumption of risk defense?
What is a negligence defense?
What is “consumer expectation” in a product liability case?
What is a “pre-emptive” defense to a product liability claim?
What is a defective product recall?
What are the elements of a strict liability product liability claim?
What type of evidence do I need to prove a product defect?
What are the steps in filing a product liability claim?
How can I tell if a product is defective?
What is the Uniform Product Liability Act?

What is the burden of proof in a product liability case?

Related FAQs

Related Blog Posts