What type of proof do I need to establish a defect in a product?

In California, the burden of proof needed to establish a defect in a product falls on the injured party. A product is considered defective when the product is not of merchantable quality, or if a defect renders the product unreasonably dangerous to the consumer. To prove a defect, the party injured must demonstrate that the product was improperly designed, manufactured, or marketed. In order to do this, the injured party must present evidence that the product was defective when it left the manufacturer’s control. This can include records of product testing, inspection logs, evidence of problems with similar products, or expert witness testimony. It is also important to provide evidence that the product’s defect caused the injury. For example, testimony from a medical expert may be necessary to prove that the defect caused the injury. The injured party must also provide evidence of economic losses, such as medical bills and other costs associated with the injury. This evidence could include receipts, invoices, and other kinds of documentation. Finally, the injured party must provide evidence that the product was used in a normal and intended manner. Overall, proving a product defect can be complex, so it is important to collect sufficient evidence to make your case. It is also important to speak to an attorney with experience in defective product law to ensure your claim is handled properly.

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What type of proof do I need to establish a defect in a product?

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