What is the burden of proof in product liability cases?

In product liability cases, the burden of proof rests with the plaintiff, or the person bringing the claim. This means that they must provide sufficient evidence to prove that the product in question is defective and that the defect caused their injury or damages. In order to prove that a product is defective, the plaintiff must demonstrate that either the product had a design flaw or that it did not meet the safety standards that it was intended to meet. Placing the burden on the plaintiff is important because it means that even if a product was negligently designed, manufactured or marketed, that does not automatically mean that the company responsible for it will be held liable for any damages caused by it. In California, the burden of proof in product liability cases is generally considered to be a “preponderance of the evidence.” This means that the plaintiff must show, by a greater weight of evidence, that it is more likely than not that the product was defective. This is a lower standard of proof than is required in criminal cases, which must be proven “beyond a reasonable doubt.” In order to prove a product liability case, the plaintiff must present evidence such as expert witness testimony, examination of the product itself, or other related evidence. Once the plaintiff has met this burden, the defendant then has the opportunity to present evidence that the product did not cause the injury or damages in question.

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