What types of proof are required to establish a product liability claim?

In order to establish a product liability claim in Florida, you must be able to prove that the product was defective, that the defect caused an injury, and that the injury was a direct result of the defective product. The types of proof that are required depend on the type of defect that is alleged, as well as the type of injury. For example, a plaintiff may need to provide evidence such as product warnings or labels, photographs of the product, expert testimony, medical records or diagnostic testing, witness statements, or video surveillance. For defective design claims, the plaintiff must show that the design of the product was unreasonably dangerous and that the defect caused the injury. Expert witnesses may be necessary to establish why the design was unreasonably dangerous. For manufacturing defect claims, the plaintiff must prove that the product was not created properly and that the defect caused the injury. Evidence such as product testing or inspection records may be necessary. Finally, for failure to warn claims, the plaintiff must establish that the product lacked sufficient warnings or instructions about its intended use, which caused the injury. Evidence such as product warnings or labels and expert testimony can be used to establish this claim. Overall, in order to establish a product liability claim, the plaintiff must provide evidence to support the allegation that the product was defective and that the defect caused an injury. The types of proof that are required to make a case vary depending on the particular allegation.

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