Arguments to prove a product liability case
As a consumer, if you feel you are the victim of a product or service that caused you emotional, financial or physical harm, you may want to seek compensation through legal means.
A product liability lawyer has many possible legal arguments on which to base a case and help you recover damages.
Negligence – To recover damages using an argument of negligence, a plaintiff’s attorney must prove five elements:
- The manufacturer owed a duty to the plaintiff
- The manufacturer breached that duty
- That breach was the actual cause of the plaintiff’s injury
- The breach was also the proximate cause of the injury
- The plaintiff actually suffered damages as a result of the negligence
False or Misleading information – A claim can also be filed based on misleading information conveyed by the manufacturer of a product. If a person relies on that information and is injured as a result, then the defendant can be sued based on the misinformation only, whether or not the product was deficient.
Warranty – A warranty is a guarantee a seller gives regarding the quality of a product. If the product’s quality is less than what is represented, the seller could be in breach of the warranty.
Strict Liability – Under Section 402A of the Restatement of Torts, a manufacturer is liable for product defects that take place during the manufacturing process. This has also been extended to include cases that do not include manufacturing, but instead involve a failure of a manufacturer to provide ample warnings.
On the other hand, a product liability suit may be defended by the claim that a plaintiffused a product in a way other than how it was originally intended to be used or that the plaintiff was negligent in how they used a product.
Product liability can be complicated on either side of a case, and it’s best to consult an attorney early on if you are involved in one of these situations.
The Law Offices of Lane & Lane proudly serve the city of Chicago and the surrounding communities.