When you buy a product, you expect it to work according to the instructions. If it does not, then you get it repaired or replaced and that is typically the end of it. However, there are some cases where a product malfunctions to the point where it actually hurts the person using it. Unfortunately, this happens more often than you might think because hundreds of Americans are injured each year because of products that are defective or dangerous.
Proving Fault in a Product Liability Case
Regardless of which party in the manufacturing chain is being held responsible, the injured party can sue if they meet any of the following conditions:
- The product had a dangerous defect that caused an injury to the user. This defect could have occurred as a result of the product’s design, it could have happened during the manufacturing process, or could have occurred during the distribution of the product.
- The defect caused an injury even though the person was using the product in the way that it was intended.
- The condition or nature of the product was not substantially altered from the time it was sold. A substantial alteration is one that changes the way the product performs or functions.
If any of the above conditions exist, then it is not necessary for the injured person to prove that the manufacturer or seller of the product was irresponsible or careless.