What is the difference between product liability and medical device injury cases?

Product liability and medical device injury cases are similar in that they both generally involve a situation where a person is injured by a product, but there are some distinct differences between the two. For product liability cases, a plaintiff must be able to prove that the product was damaged or defective in some way, and that the defect caused their injury. The plaintiff must also be able to prove that the company selling the product was negligent in some way, and that their negligence caused the defect in the product. In medical device injury cases, the plaintiff must prove that the device was defective, and that the defect caused their injury. However, in medical device cases, the plaintiff does not have to prove that the manufacturer of the device was negligent. Instead, the plaintiff must prove that the device is not safe for use as intended. In North Dakota, product liability and medical device injury cases are both covered under the state’s product liability laws. However, the burden of proof is higher for medical device injury cases due to the nature of the product. It is important to note that medical device injury cases can be complicated and would likely require an experienced attorney to ensure that your rights are protected and that you receive the compensation you deserve.

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