How does a plaintiff prove that a product was defectively designed?

In the State of Louisiana, a plaintiff must prove that a product was defectively designed in order to win a products liability case. To do so, they must show that the defect caused their injury and that the product was produced and sold in a defective condition. In order to prove a product was defectively designed, the plaintiff typically needs to show that the product was not reasonably safe when it was made or that there were alternative designs that could have been used that would have made the product safer. The plaintiff would need to show that the alternative design was technologically and economically feasible when the product was designed. This could include demonstrating that, at the time, the alternative design was available and that it would not have been too expensive to utilize it. The plaintiff may also need to show that the product was more dangerous than anyone would have expected it to be. For instance, if a product had a design defect that caused it to be extremely susceptible to tipping, the plaintiff could present evidence that the design did not meet industry safety standards. They could also present testimony from experts in the field that the product was unreasonably dangerous. It is important to note that these burdens of proof vary depending on state laws and the facts of the case. Ultimately, the plaintiff has the responsibility to prove that the product was defectively designed and caused their injury.

Related FAQs

What is a “warning defect”?
What are some common defenses used by defendants in product liability cases?
Is a consumer able to recover damages in a product liability case?
What remedies are available to consumers when a product is found to be unreasonably dangerous?
What is the legal standard for determining whether a product is dangerous or defective?
What level of responsibility do manufacturers have for the safety of their products?
How does product liability law work?
How is a company’s financial responsibility determined in a product liability case?
How does a plaintiff prove causation in a product liability case?
Are products with “open and obvious” defects liable?

How does a plaintiff prove that a product was defectively designed?

Related FAQs

Related Blog Posts