How does a plaintiff prove causation in a product liability case?
In a product liability case, a plaintiff must prove causation in order to win a case. This means that the plaintiff must prove that the product caused their injury or damage. To prove causation in product liability cases, the plaintiff must show that the product was defective or dangerous when it left the manufacturer’s control. This means that the plaintiff must demonstrate that the product had a defect that made it unreasonably dangerous and that the defect caused the harm. The plaintiff must prove that the product was not used in a manner that made it more dangerous than it was when it left the manufacturer’s control. They must also prove that the defect existed when the product left the manufacturer’s control, and that the defect caused or significantly contributed to the injury or damage. In New Hampshire, a plaintiff must provide evidence that the product was defective and that the defect caused the injury or damage to prove causation. This evidence can include testimony from experts, reports from experts, medical records, product test results, inspection reports, and other forms of evidence to prove the product was defective and caused the harm. A plaintiff must also demonstrate that the product was not substantially changed from when it left the manufacturer’s control to prove causation. If a plaintiff is able to successfully prove causation, then they are more likely to win a product liability case.
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