What must be proven in a products liability case?

 

A: Product liability cases may involve several legal theories, including negligence, "strict liability", and breach of warranty.   Each of these theories has its own distinct elements that must be proven:

Negligence:
Negligence focuses upon the product maker's conduct.  To prevail, one must  show that the maker of the product failed to use ordinary or reasonable care in designing, manufacturing, or selling the product, and that such failure on the part of the manufacturer was a cause of the person's injury.

Strict Liability:
The focus here is on the product itself rather than the conduct of the manufacturer or suppliers.  Generally speaking, to prevail under this situation, one must show a defect in the design, manufacturing, or marketing of a product which made the product "unreasonably dangerous."  It must be shown that the product defect was a cause of the injury to the person bringing the claim.

Breach of Warranty:
A warranty is essentially a promise by the manufacturer that its product will have certain characteristics or perform in a certain way.  To prevail in a breach of warranty claim, one must show that the product did not live up to the promise or warranty made by its manufacturer, and as a result was a cause of the person's injury.

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