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

In Oklahoma, the burden of proof in a product liability case is on the person filing the complaint, known as the plaintiff. This means that the plaintiff must prove that the product was defective and that their injury or harm was caused by the defect. The burden of proof is a legal requirement and it is the plaintiff’s responsibility to present evidence to the court that they have a valid claim. The court requires that a plaintiff must prove their case by a “preponderance of the evidence.” This means that a plaintiff must prove that it is more likely than not that the product was defective and directly caused their injury or harm. To do this, the plaintiff must provide evidence such as qualified witness testimony, expert opinion, laboratory or technical reports, product design and engineering documents, or photographs or videos. In Oklahoma, the dangerous products law is a strict liability law, so it is not necessary for the plaintiff to prove that the manufacturer or seller was negligent or aware of the defect. However, because product liability cases can be complex, it is always best to consult with an attorney to understand the burden of proof specific to your case.

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