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

In North Dakota, the burden of proof in a product liability case is on the plaintiff, the person who is filing a lawsuit against the manufacturer of the product. The plaintiff must prove that the product was defective, or that the manufacturer failed to provide adequate warnings about the product’s potential risks and dangers. The plaintiff must also demonstrate that the injury or damage suffered was due to the defect or warning failure. In order to prove a product liability case, the plaintiff must present evidence of the defect, such as photographic or video evidence of the defective product, as well as expert testimony from individuals familiar with the product or the industry. Additionally, the plaintiff must provide medical records and any other relevant documents that support their claim. The plaintiff must also prove that the product was used in the manner in which it was intended to be used, and that the injury or damage suffered was a direct result of the defect or warning failure. Ultimately, the burden of proof lies with the plaintiff in a product liability case in North Dakota, and it is their responsibility to present evidence that proves the product was defective and the injury or damage was caused by the defect. If the plaintiff is unable to prove their case, then the lawsuit will likely be dismissed.

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