Products Liability

As in all personal injury cases, the Plaintiff has the burden of proof and must prove liability, causation and damages. A products liability case can be one of the more complex types of negligence cases. The lawyer you hire must have the necessary knowledge and experience to know what type of evidence is needed and how to get it, in order to get the best result in your products liability case. The product itself is a critical piece of evidence in every products liability case, however sometimes the product may no longer available for examination for a variety of reasons. The product could have been completely destroyed due to its own malfunction such as in the case of an explosion, or could have been disposed of by parties who were unaware that it was defective and caused someone to be injured. Most products liability cases require the use of experts, but particularly in a case where the product is not available and a prototype must be used the expert becomes even more important. Other important pieces of evidence in proving a products liability case are photographs, surveillance video, design diagrams and schematics, eyewitness testimony, incident reports, prior complaints, knowledge of product defects, repair and/or maintenance records, and records of similar incidents. The specific evidence needed to prove liability and causation are different in every products liability case. Product recalls often lead to further evidence of product defects. The Food and Drug Administration (FDA) provides valuable information on products which have been subject to recalls, market withdrawals, and safety alerts, but only for products that are regulated by the FDA. The Consumer Product Safety Commission (CPSC) is another valuable resource for information concerning recalls, product safety, and regulations, law and standards.