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.

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