Standing Up For You

What are the elements of product liability?

To bring a proper product liability claim in court, you need to understand the elements. You will need to understand the elements as they are essential to winning your case.

According to Inc., the elements are the different points the law requires a case to meet to show product liability existed. You should note it is possible to have all elements present and not win your case because you also must have evidence to back up the elements.

Injury is present

One element is showing that you suffered an injury of some kind. The injury could be an actual physical injury to your body or damage to property.

A duty exists

You must show the person you are suing had some duty to provide for your safety. This usually comes under the law, which requires the other party to create a safe product and to ensure you know how to use it safely.

A link exists

You must also show the person you are suing had a responsibility to you and failed to live up to that responsibility and that failure directly links to your injury. In other words, if the person did honor the responsibility, you would not have suffered an injury.

A breach occurred

You must show the other party did not hold up his or her duty to you. This could be failing to make a safe product or provide adequate warnings.

If your case is missing one of the elements, then you do not have a strong case. You must ensure you can show all elements exist to have a proper claim to bring before a judge.