Protecting the Rights
of Injury Victims

Thomas DeLattre and Glen D. Wieland

Product liability: How hard is it to prove manufacturing defects?

On Behalf of | Jun 6, 2019 | Product Liability |

Regardless of how an injury occurs, victims must prove liability before they can obtain compensation for their suffering. This is the case in product liability claims, just as it is in car crashes.

Occasionally, it is not difficult to prove liability. For example, if a drunk driver swerves into your lane and collides with your car, the evidence will probably show what happened.

Product liability claims are typically much more challenging. This is especially the case for those looking to prove that the injury occurred because of a manufacturing defect.

The reason for these challenges involves factors outside of the product itself contributing to injuries. Consider the following examples.

  • If evidence shows that the victim used the product improperly, it could lead to a negative outcome.
  • If the court finds that parts unrelated to the product malfunctioned and caused the injury, the victim may need to look elsewhere for a remedy.
  • If the legal team fails to prove precisely what caused the injury, the court may rule in favor of the manufacturer.

Despite the challenges, it is certainly possible to prove defects in manufacturing caused an injury. As you might expect, an attorney with experience handling Florida product liability claims can provide considerable assistance. One way to prevail involves using the malfunction doctrine. The doctrine helps prove that the injury occurred because of a manufacturing defect when accompanied by additional evidence.

Although product liability claims are often complex and challenging, it is your right to seek a legal remedy. With diligence and support from your legal advocate, you have a better chance of success than you may at first have believed.

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