What types of evidence are needed to prove a product defect?

In order to prove a product defect in New York, a plaintiff must provide evidence that the product was not reasonably safe as expected. This might include evidence that the product was not designed in a safe manner, or that the manufacturer failed to provide adequate instructions or warnings about potential dangers associated with the product. In cases involving defective product design, evidence of a safer alternative design that could have been used by the manufacturer may be necessary, as well as evidence that the existing design posed a serious risk to the user. If the manufacturer failed to provide sufficient warnings, evidence that the user was not aware of the risks may be required. For products that malfunctioned or broke, evidence of a manufacturing defect may be necessary. This usually involves providing evidence that the product did not perform as expected, or that the manufacturer made a mistake in manufacturing the product which would not have occurred if proper procedures were followed. The plaintiff may need to provide evidence that the malfunction or breakage was caused by the defect and not by the user. In addition, evidence of the user’s actual or potential injuries, or of expenses incurred by the user as a result of the product defect, must be provided. This may include medical records, financial statements, or any other records that detail the user’s losses. Such evidence is necessary to prove a case of product liability in New York.

Related FAQs

What is a “lack of causation” defense to a product liability claim?
What is a “failure to warn” defense to a product liability claim?
What is the Risk Homeostasis Theory?
What is an “abnormal use” defense to a product liability claim?
What is Dangerous Products Law?
What types of injury can be caused by a defective product?
What is a “comparative negligence” defense to a product liability claim?
What are the steps in filing a product liability claim?
What is a breach of warranty defense?
What is a “dealer’s knowledge” defense to a product liability claim?

What types of evidence are needed to prove a product defect?

Related FAQs

Related Blog Posts