What is the burden of proof in product liability cases?

The burden of proof in product liability cases in Virginia is typically on the plaintiff to prove that a product was defective, and that the defect caused harm. In order to do this, the plaintiff must establish that the product was unreasonably dangerous in design or manufacture, or that the seller failed to warn about the risks associated with the product. Generally, a plaintiff must prove a product was defective by a preponderance of the evidence, a legal standard which means that the plaintiff must show the defective product was more likely than not the cause of the injury and any damages. The plaintiff must be able to provide sufficient evidence that the product was either designed or made incorrectly, or that a warning should have been provided but was not. In Virginia, the manufacturer or seller of a product is held to a high duty of care. This means that they must anticipate and guard against any potential danger or injury that can be caused by a product. They must also provide adequate and accurate information about the dangers associated with the product’s use, as well as any instructions for safe use. The plaintiff must be able to prove that this duty of care was breached, and that any damages were caused directly by the breach.

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What is the burden of proof in product liability cases?

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