How is causation established in a defective products case?
In Arkansas, causation must be established in a defective products case in order to have a successful claim. Causation is the link between a defendant’s negligent act and the resulting injury. In order to prove causation in a defective products case, the plaintiff must demonstrate that the defective product was the direct cause of the injury suffered. When establishing causation, courts tend to look at whether other reasonable causes may have led to the injury. If other reasonable causes may have led to the injury, then it is less likely that the defendant’s product was the direct cause. The plaintiff must prove that the product was more than just a contributing cause to the injury. In some cases, experts may be called upon to establish a causal link between the defective product and the injury. These experts will need to review the evidence of the defective product and demonstrate how it caused the injury. Any medical records or other evidence related to the injury must also be presented. Finally, the plaintiff must demonstrate that the defective product was used according to its intended purpose. If the product was being used in any way other than as designed, then it can be argued that the injury was due to misuse rather than a defect. Overall, a plaintiff must be able to thoroughly prove that the product was directly responsible for the injury. This includes proving that the product was defective, that no other reasonable causes exist, and that the product was used as intended. If the plaintiff can do this, then causation may be established in the case.
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