How is causation established in a defective products case?
In Indiana, causation must be established in a defective products case if the plaintiff is to be successful. Causation is defined as proving the defendant’s product caused the injury or damage sustained by the plaintiff. To satisfy this burden of proof, the plaintiff must generally demonstrate that the product was defective when it left the manufacturer’s control. A plaintiff will typically provide evidence showing that the product was not working correctly or was malfunctioning. Additionally, a plaintiff must show that the product malfunctioned due to an inherent defect that existed when the product was manufactured or due to the manufacturer’s failure to warn of potential dangers associated with the product’s use. In some cases, a plaintiff must also provide evidence of a reasonable medical connection between the injury or damage sustained and the product itself. When the evidence presented is sufficient to establish causation, the plaintiff may be awarded damages. The court may order a defendant to pay for any medical bills, lost wages, and rehabilitation costs related to the harm or injury caused by the defective product. The defendant may also be liable for punitive damages if gross negligence or malice can be proven. Ultimately, causation must be established if a plaintiff in Indiana is to be successful in a defective products case. The burden of proof, however, rests with the plaintiff. The plaintiff must provide enough evidence to demonstrate that the product was defective when it left the manufacturer’s control and that it caused the injury or damage sustained.
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