Product Liability

Factual Causation in Product Liability Cases

In a product liability negligence lawsuit, the plaintiff must prove that they were owed a duty of care, which the defendant violated, directly causing personal injury or property damage. To establish liability on part of the manufacturer, the plaintiff must prove both factual causation and legal causation. Whether the damages to the consumer were in fact caused by the supplier's breach lies in the evidence.

If you or a loved one was injured by a defective product or drug, a product liability attorney can help determine whether the manufacturer, supplier or distributer is responsible for your suffering. Our defective product lawyers have the knowledge and resources to establish causation and obtain the vital evidence to support your case. To contact a product liability attorney, fill out our free case review form today.

"But For" Test & Factual Causation

To determine if factual causation exists, a "but for" test is administered; it is decided but for the action, the outcome would not have occurred. For example, but for knocking over the candle, the fire would not have started. The test for factual causation is very strict; no matter how flagrant the breach of duty, the case will be thrown out if the claimant would have endured the same damages had the breach not happened.

Legal Causation in Product Liability Claims

If factual causation is established, it is still crucial to portray legal causation. For this to occur, it is necessary to show that the damage is closely affiliated with the breach so that the defendant can still be held liable. It is not a popular opinion among judges that a defendant should be responsible for damages that were totally unpredictable. However, the issue that has frustrated the judicial system is in the assessment of what amount of damage incurred by the claimant should be pinned on the defendant, assuming that some of it could have been anticipated.

Consumers who were harmed by defective products or drugs should contact a product liability lawyer to determine whether they are owed compensation for their injuries. If so, a defective product attorney can help establish causation and attempt to recover monetary damages on your behalf. For a free case review with a product liability attorney, fill out our free case review form today.