Every day you use many consumer products. You rely on them to work properly and safely. But some products malfunction and can cause great harm.

If one of the consumer products you have used has caused you injuries or other types of damages, you could have a defective product liability claim.

The manufacturer, distributor, or retailers of consumer products bear a responsibility to ensure that their products are safe for the consumer to use. If a said product is proven defective and has caused injuries, they may be held liable for the damages caused by the product.

But, proving that a product is defective can be complex and the burden of proving product defective lies with you (the plaintiff in the case).

To help prove defective liability you may need to understand the three types of defective product claims, the four main elements needed to prove a claim, and evidence you need to support a claim.

Three Types of Defective Product Claims

Defective product claims generally fall into the following three categories:

• Defective design–the product was defective because of an overall design flaw.
• Defective manufacturing–the product was defective because of an error when it was being made.
• Failure to instruct or warn–the product was defective because of poor instructions and warnings about the use of the product.

Four Main Elements Needed to Prove a Claim

To prove your claim, you need to show the court the following four elements:

• You suffered injuries or losses.
• The product was defective.
• The product defect caused your injury.
• You used the product as intended.

Evidence Needed to Support a Defective Product Claim

You need good evidence to back up your defective product injury claim. Important evidence to have includes:

• Defective product itself (preserve the product as best you can)
• All receipts, sales contracts, and other documents concerning the product
• Documentation of injuries (i.e. photos, medical records, accident reports)
• Medical bills and payroll records to prove your financial losses
• Evidence the defendant knew about the defect (i.e. emails, memos, marketing materials)

Getting Help with Your Defective Product Liability Claim

If you have been injured by a defective product and want to seek damages, you need to consider getting help from an experienced personal injury attorney. The big company you will seek damages from will have a large legal team representing them. Their lawyers will work to prove your claim false so they have to pay out the least amount of money possible. You need someone with knowledge of how to prove product liability fighting for you to get the compensation you deserve.

Brock & Stout’s personal injury attorneys have over 20 years of experience helping clients injured by defective products. Contact us for a free evaluation of your claim to see if we can help you.