Negligence
In a product liability case in which negligence is the culprit, it must be proven that your injury was caused as a result of carelessness. There are many facets of product development and distribution in which negligence can occur including:
- Drawing up or reviewing product plans.
- Maintaining machines responsible for fabricating various components of the product.
- Failing to foresee plausible uses for the product.
- Failing to inspect or test the product sufficiently.
- Failing to give ample warning or instruction, or none at all.
- Releasing the product to the mainstream too hastily.
The first piece of evidence that must be provided is that the supplier has the responsibility of selling a safe product. Proving this is easy, considering all entities that manufacture and distribute consumer goods are mandated by law to make safe products and provide customers with warnings on products that may cause danger if not used properly.
Second, you need to prove that the seller somehow violated that responsibility to offer a harmless product. Determine whether they are aware or should have been aware that the product was flawed. If you are able to do this, you are demonstrating the existence of breach of warranty.
Third, you need to illustrate the harm that has been inflicted upon you. A claim is spurious in the absence of injury; simply stating that a product’s defect could injure someone is not substantial enough.
Lastly, you must show that the defect, not some other isolated sickness or accident, caused your suffering.