What are the elements of a “negligence” product liability claim?

A negligence product liability claim is a legal claim that holds a company accountable for selling a dangerous or defective product. To prove a negligence claim in California, the plaintiff or injured person needs to prove all the following elements: 1. Duty: The company had a legal duty to make sure the product was safe. 2. Breach of Duty: The company failed to meet the required safety standards. 3. Causation: The company’s failure to meet safety standards was a direct cause of the injury. 4. Damages: The plaintiff suffered physical, emotional, or economic damages. In a negligence claim, the plaintiff must prove that the company acted unreasonably in creating or selling the defective product. The plaintiff must provide evidence of how the company breached its legal duty to the public in order to be successful in a negligence claim. Additionally, the plaintiff must prove that the defective product directly caused their injury or damages. Lastly, the plaintiff must prove that the injury or damages were actually the result of the company’s actions. Negligence product liability claims can be complicated and time consuming. In order to prove one, the plaintiff must collect evidence such as product design drawings and instruction manuals, witness testimony, and expert testimony. It is important to consult with an experienced attorney to make sure all the elements of a negligence product liability claim are met.

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